EIY20 v State of Western Australia (No 2) [2025] FCA 29

Federal Court of Australia

EIY20 v State of Western Australia (No 2) [2025] FCA 29 File number: WAD 220 of 2020

Judgment of: BANKS-SMITH J

Date of judgment: 31 January 2025

Catchwords: PRACTICE AND PROCEDURE – application by applicant for leave to replead – claims made under the Disability Discrimination Act 1992 (Cth) – outcome follows outcome in EIX20 v State of Western Australia (No 2) [2025] FCA 28 – leave to amend granted in part

Cases cited: EIX20 v State of Western Australia (No 2) [2025] FCA 28

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 5

Date of hearing: Determined on the papers

Counsel for the Applicant: Mr A Hochroth with Dr K Fallah

Solicitor for the Applicant: The National Justice Project

Counsel for the Respondent: Mr R Craig SC with Mr T Jeffrie, Mr A McRobert and Ms L Hilly

Solicitor for the Respondent: Norton Rose Fulbright Australia

ORDERS WAD 220 of 2020

BETWEEN: EIY20 Applicant

AND: STATE OF WESTERN AUSTRALIA Respondent

order made by: BANKS-SMITH J DATE OF ORDER: 31 January 2025

THE COURT ORDERS THAT:

1. The parties are to provide within 14 days a joint minute of proposed orders to Chambers that, having regard to matters agreed between the parties and these reasons, records those parts of the applicant's proposed third further amended statement of claim for which leave to file and serve is granted and those parts for which leave is refused. 2. The respondent's strike out application accepted for filing on 10 January 2024 is otherwise dismissed. 3. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.