Woodward v State of Victoria

Case [2009] FCA 1122

FEDERAL COURT OF AUSTRALIA

Woodward v State Of Victoria [2009] FCA 1122

HUMAN RIGHTS – discrimination – disability – child with alleged disabilities – settlement of claim – proper orders to make on approval of terms of settlement

DRUIAN WOODWARD (BY HIS NEXT FRIEND, MEREDITH WOODWARD) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION & EARLY CHILDHOOD DEVELOPMENT)

VID 830 of 2008 / VID 604 of 2009

GORDON J

1 OCTOBER 2009

MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VID 830 of 2008 / VID 604 of 2009

GENERAL DIVISION
BETWEEN:

DRUIAN WOODWARD (BY HIS NEXT FRIEND, MEREDITH WOODWARD)
Applicant
AND:

STATE OF VICTORIA (DEPARTMENT OF EDUCATION & EARLY CHILDHOOD DEVELOPMENT)
Respondent

JUDGE:

GORDON J

DATE OF ORDER:

1 OCTOBER 2009

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.Pursuant to Order 43, rule 9 of the Federal Court Rules 1979 (Cth), the settlement between the parties recorded in Exhibit “MW-A” of the affidavit of Meredith Woodward sworn on 1 October 2009 (“the Woodward Affidavit”) is approved.

2.The applications made on behalf of the Applicant on 3 October 2008 in proceeding VID 830 of 2008 and on 14 August 2009 in proceeding VID 604 of 2009 pursuant to s 46PO(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) are dismissed.

3.Subject to paragraph 5 herein, the Woodward Affidavit and exhibits thereto be treated on a confidential basis by being placed in a sealed envelope marked “NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUSTICE OF THIS COURT”.

4.On or before 15 October 2009, the Respondent pay into Court the sum specified in clause 2.3.6 of Exhibit “MW-A” to the Woodward Affidavit (“the Sum”). 

5.A Registrar of the Court is entitled to have access to the Woodward Affidavit and exhibits for the purpose of administering the Sum. 

6.The Registrar invest the Sum in an interest bearing account for the benefit of the Applicant. 

7.The Registrar be authorised to make payments out of the Sum for the benefit of the Applicant:-

a)for educational purposes for so long as the Applicant remains at school; and

b)thereafter for the general welfare of the Applicant.

8.Any payments out in accordance with paragraph 7 of these Orders are to be made on application by the Applicant’s next friend to the Registrar as is stipulated by the Registrar including by letter or orally.

9.Upon the Applicant attaining the age of 18 years, the Registrar release to the Applicant, or his guardian if one has been appointed, the remaining part of the Sum (if any). 

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


The text of entered orders can be located using eSearch on the Court’s website.


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VID 830 of 2008 / VID 604 of 2009

GENERAL DIVISION
BETWEEN:

DRUIAN WOODWARD (BY HIS NEXT FRIEND, MEREDITH WOODWARD)
Applicant
AND:

STATE OF VICTORIA (DEPARTMENT OF EDUCATION & EARLY CHILDHOOD DEVELOPMENT)
Respondent

JUDGE:

GORDON J

DATE:

1 OCTOBER 2009

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

  1. By his next friend, Mrs Meredith Woodward, the Applicant brought proceedings against the Respondent under the Disability Discrimination Act 1992 (Cth) (“the DDA”) seeking compensation and a declaration that the Respondent had committed unlawful discrimination against the Applicant since January 2001 and that that discrimination is continuing. There are in fact two proceedings – one commenced on 3 October 2008 (VID 830 of 2008) and the other on 14 August 2009 (VID 604 of 2009). In each proceeding, the Applicant complained of discrimination in the provision of educational services by the Respondent, the State of Victoria, pursuant to the DDA.

  2. Trial of the proceedings commenced on Monday, 28 September 2009.  On Tuesday, 29 September 2009, the proceedings were referred to a Registrar for mediation and were ultimately resolved.  The terms of the resolution are recorded in signed terms.  The terms are confidential. 

  3. By O 43, r 12 of the Federal Court Rules 1979 (Cth), the Court has power to approve a settlement of a proceeding brought by a person under a disability.  The approval can be on terms.  For example, the Court may require that any money payable, or applicable to or for the benefit of such a person, be dealt with by way of settlement or otherwise, as the Court thinks fit, for the benefit of that person. 

  4. In support of the application for approval of the settlement, an affidavit sworn by Mrs Woodward has been filed.  That affidavit addresses the adequacy of the settlement.  It does so by reference to a number of facts and matters including:

    1.the Applicant’s disabilities;

    2.the nature of the claims that has been made;

    3.the advice given about the risks of litigation including the possible liability for costs in the event that the proceedings are unsuccessful;

    4.the stress of the litigation to the Applicant and the other members of his family; and

    5.the fact that in the opinion of the Applicant’s counsel, the terms of settlement are within the range of what might be awarded and, in fact, include terms which it is unlikely a Court would be able to order.

  5. In the circumstances, I will approve the settlement and order that:

    1.Pursuant to Order 43, rule 9 of the Federal Court Rules 1979 (Cth), the settlement between the parties recorded in Exhibit “MW-A” of the affidavit of Meredith Woodward sworn on 1 October 2009 (“the Woodward Affidavit”) is approved.

    2.The applications made on behalf of the Applicant on 3 October 2008 in proceeding VID 830 of 2008 and on 14 August 2009 in proceeding VID 604 of 2009 pursuant to s 46PO(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) are dismissed.

    3.Subject to paragraph 5, the Woodward Affidavit and exhibits thereto be treated on a confidential basis by being placed in a sealed envelope marked “NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUSTICE OF THIS COURT”.

    4.On or before 15 October 2009, the Respondent pay into Court the sum specified in clause 2.3.6 of Exhibit “MW-A” to the Woodward Affidavit (“the Sum”). 

    5.A Registrar of the Court is entitled to have access to the Woodward Affidavit and exhibits for the purpose of administering the Sum. 

    6.The Registrar invest the Sum in an interest bearing account for the benefit of the Applicant. 

    7.The Registrar be authorised to make payments out of the Sum for the benefit of the Applicant:-

    a)for educational purposes for so long as the Applicant remains at school; and

    b)thereafter for the general welfare of the Applicant.

    8.Any payments out in accordance with paragraph 7 of these Orders are to be made on application by the Applicant’s next friend to the Registrar as is stipulated by the Registrar including by letter or orally.

    9.Upon the Applicant attaining the age of 18 years, the Registrar release to the Applicant, or his guardian if one has been appointed, the remaining part of the Sum (if any).

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gordon.

Associate:

Dated:        1 October 2009

Counsel for the Applicant: Mr D Perkins and Mr D Hancock
Solicitor for the Applicant: Access Law
Counsel for the Respondent: Mr C O'Grady
Solicitor for the Respondent: Maddocks
Date of Hearing: 1 October 2009
Date of Judgment: 1 October 2009
Details
AGLC
Woodward v State of Victoria [2009] FCA 1122
Case
[2009] FCA 1122
Decision Date

CaseChat Overview and Summary

The matter of Woodward v State of Victoria involved a dispute between Meredith Woodward, the applicant, and the State of Victoria, the respondent. The case was heard in the Federal Court of Australia. Woodward sought various orders, including the approval of a settlement, the dismissal of certain applications, and the payment of a sum of money into court. This sum was to be invested and used for the benefit of Woodward until the age of 18, at which point the remaining balance would be released to him or his guardian.

The primary legal issues before the court were the approval of the settlement between the parties, the dismissal of specific applications made by Woodward, and the handling of the financial sum specified in the settlement. The court needed to determine whether the settlement was fair and appropriate and whether the applications for certain orders were warranted. Furthermore, the court had to decide how the financial sum should be managed and distributed.

The court approved the settlement between the parties as it was deemed fair and appropriate. The court dismissed the applications made by Woodward, finding no grounds for the requested orders. The court ordered that the affidavit and related exhibits be kept confidential and placed in a sealed envelope. It mandated that the respondent pay a specified sum into court, which was to be invested and used for Woodward’s benefit until he turned 18. The Registrar of the Court was granted access to the affidavit for the purpose of administering the sum, and authorised to make payments for Woodward's benefit. Upon Woodward reaching the age of 18, the remaining balance was to be released to him or his guardian.

In summary, the court approved the settlement, dismissed the applications, and made detailed orders regarding the handling and distribution of the financial sum specified in the settlement. These orders ensured that the sum was invested and used appropriately for Woodward’s benefit until he reached adulthood, at which point the remaining balance would be released to him.

Orders

Orders of the court

1. Pursuant to Order 43, rule 9 of the Federal Court Rules 1979 (Cth), the settlement between the parties recorded in Exhibit “MW-A” of the affidavit of Meredith Woodward sworn on 1 October 2009 (“the Woodward Affidavit”) is approved.

2. The applications made on behalf of the Applicant on 3 October 2008 in proceeding VID 830 of 2008 and on 14 August 2009 in proceeding VID 604 of 2009 pursuant to s 46PO(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) are dismissed.

3. Subject to paragraph 5 herein, the Woodward Affidavit and exhibits thereto be treated on a confidential basis by being placed in a sealed envelope marked “NOT TO BE OPENED WITHOUT THE PERMISSION OF A JUSTICE OF THIS COURT”.

4. On or before 15 October 2009, the Respondent pay into Court the sum specified in clause 2.3.6 of Exhibit “MW-A” to the Woodward Affidavit (“the Sum”).

5. A Registrar of the Court is entitled to have access to the Woodward Affidavit and exhibits for the purpose of administering the Sum.

6. The Registrar invest the Sum in an interest bearing account for the benefit of the Applicant.

7. The Registrar be authorised to make payments out of the Sum for the benefit of the Applicant:-

a) for educational purposes for so long as the Applicant remains at school; and

b) thereafter for the general welfare of the Applicant.

8. Any payments out in accordance with paragraph 7 of these Orders are to be made on application by the Applicant’s next friend to the Registrar as is stipulated by the Registrar including by letter or orally.

9. Upon the Applicant attaining the age of 18 years, the Registrar release to the Applicant, or his guardian if one has been appointed, the remaining part of the Sum (if any).

Note:

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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