© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2021] FCA 1103
Federal Court of Australia
2021-09-13
O'Callaghan J
Original judgment source is linked above.
O'CALLAGHAN J: 1 This proceeding is related to VID 107 of 2019. Like that proceeding, it concerns alleged breaches of the Disability Discrimination Act 1992 (Cth) by the respondent, a school (St Joseph's). The applicant in this proceeding is also a former student at St Joseph's. 2 As in VID 107 of 2019, the respondent again seeks orders striking out an Amended Statement of Claim (also dated 19 November 2019) (ASOC) pursuant to r 16.21 of the Federal Court Rules 2011 (Cth). 3 These reasons should be read together with the reasons in VID 107 of 2019, Harvey v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1102, and will be published simultaneously. 4 The paragraphs of the ASOC the subject of this strike out application, and the written submissions filed by both sides, are "cookie cutter" versions of the paragraphs impugned, and the submissions made, in Harvey (No 2). The impugned paragraphs will be struck out for the same reasons I gave in Harvey (No 2). 5 As to costs, I will make the same order I made in Harvey (No 2), namely, that the legal practitioners for the applicant file and serve within 21 days a written submission as to why they should not bear those costs personally. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice O'Callaghan.
Milkins
Dioceses of Sale Catholic Education Ltd