FEDERAL COURT OF AUSTRALIA
Lambert v State of Victoria [2014] FCA 1064
Citation: Lambert v State of Victoria [2014] FCA 1064 Parties: AMBER LAMBERT v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND DEVELOPMENT) File number(s): VID 616 of 2013 Judge(s): DAVIES J Date of judgment: 3 October 2014 Catchwords: PRACTICE AND PROCEDURE – application to strike out statement of claim pursuant to Federal Court Rules 2011 (Cth) r 16.21 – applicable principles in a strike out application – whether allegations of discrimination under Disability Discrimination Act 1992 (Cth) ss 5, 6 and 22 properly pleaded – statement of claim struck out but leave given to replead Legislation: Federal Court Rules 2011 (Cth) r 16.21
Disability Discrimination Act 1992 (Cth) ss 4, 5, 6, 22(2), 22(2A)Cases cited: Imobilari Pty Ltd v Opes Prime Stockbroking Ltd (2008) 252 ALR 41; [2008] FCA 1920
Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 3) 2010 267 ALR 494; [2010] FCA 361
General Steel Industries Inc v Commissioner for Railways(NSW) (1964) 112 CLR 125
Davis v Commonwealth of Australia (1986) 68 ALR 18; [1986] HCA 66
Trade Practices Commission v Pioneer Concrete (Qld) Pty Ltd (1994) 52 FCR 164
Morton v Vouris (1996) 21 ACSR 497
Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905
Young Investments Group Pty Ltd v Mann (2012) 293 ALR 537; [2012] FCAFC 107
Walker v State of Victoria [2012] FCAFC 38
Abela v State of Victoria [2013] FCA 832
Keifel v State of Victoria [2013] FCA 1398
Wade v State of Victoria [2012] FCA 400Date of hearing: 8 September 2014 Place: Melbourne Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 52 Counsel for the Applicant: Mr D Hancock Solicitor for the Applicant: Arnold Thomas & Becker Counsel for the Respondent: Ms R Orr Solicitor for the Respondent: Allens
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 616 of 2013
BETWEEN: AMBER LAMBERT
ApplicantAND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND DEVELOPMENT)
Respondent
JUDGE:
DAVIES J
DATE OF ORDER:
3 OCTOBER 2014
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.Pursuant to Order 16 Rule 21 of the Federal Court Rules 2011 (Cth), paragraphs 7 to 37 of the applicant’s Amended Statement of Claim filed 28 May 2014 be struck out with leave to replead.
2.The applicant pay the respondent’s costs of the application.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 616 of 2013
BETWEEN: AMBER LAMBERT
ApplicantAND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND DEVELOPMENT)
Respondent
JUDGE:
DAVIES J
DATE:
3 OCTOBER 2014
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
The respondent has applied for an order pursuant to Order 16 Rule 21 of the Federal Court Rules 2011 (Cth) (“the Rules”) striking out the applicant’s Amended Statement of Claim (“ASOC”) on the grounds that the ASOC fails to disclose a reasonable…
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- Case
- [2014] FCA 1064
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the applicant's allegations of discrimination were properly pleaded under the Act. The State argued that the court could not enforce the State's policies, as established in previous cases such as Walker v State of Victoria. Additionally, the State contended that the less favourable treatment claim was flawed because many of the policies in question did not apply to students without disabilities. The court had to assess whether the applicant's statement of claim sufficiently alleged a breach of the Act and whether the applicant was entitled to an opportunity to amend her pleadings.
The court held that while the applicant’s statement of claim contained some relevant allegations, it did not sufficiently plead a cause of action under the Act. The court found that the applicant’s reliance on the State's policies was misplaced, as the Act does not empower the court to enforce such policies. The court further noted that the applicant's claim of less favourable treatment was not properly framed, as it did not adequately compare the treatment of the applicant to that of a comparator without disabilities. However, the court granted the applicant leave to replead, allowing her to amend her statement of claim to better align with the requirements of the Act.
The court struck out the applicant's statement of claim but granted leave to replead, with the applicant to pay the respondent's costs of the application. The court's decision highlights the importance of properly pleading claims under the Disability Discrimination Act and the limitations on the enforcement of State policies in such claims.
Orders
Orders of the court
1. Pursuant to Order 16 Rule 21 of the Federal Court Rules 2011 (Cth), paragraphs 7 to 37 of the applicant’s Amended Statement of Claim filed 28 May 2014 be struck out with leave to replead.
2. The applicant pay the respondent’s costs of the application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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