Kaplan v State of Victoria (No 9) [2023] FCA 1307

Kaplan v State of Victoria (No 9) [2023] FCA 1307

Because the parties were legally represented, consented to the proposed orders, and the Court accepted their submissions that the Health and Other Services (Compensation) Act 1995 (Cth) applied to the damages awards, it was appropriate to make the proposed final orders, including the note that payment of damages to the first, second, fourth and fifth applicants was precluded until the State received a valid Notice of Charge from Services Australia.

Jurisdiction
Australia
Judgment Date
30 October 2023
Procedural Posture
Damages and Compensation Orders Following Findings of Unlawful Discrimination Under the Racial Discrimination Act 1975 (cth) / Determined on the Papers; Consent Orders Completing the Final Orders
Outcome
Consent orders made; the orders complete the final orders in the proceeding.
Legal Topics
['apology' 'interest on Damages' 'operation of Health and Other Services (compensation) Act 1995 (cth) With Respect to Payment of Damages' 'notice of Charge by Services Australia' 'unlawful Discrimination Contrary to the Racial Discrimination Act 1975 (cth)']
['administrative and Constitutional Law and Human Rights' 'discrimination Law' 'damages' 'health and Other Services Compensation'] ['apology' 'interest on Damages' 'operation of Health and Other Services (compensation) Act 1995 (cth) With Respect to Payment of Damages' 'notice of Charge by Services Australia' 'unlawful Discrimination Contrary to the Racial Discrimination Act 1975 (cth)']

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Procedural Posture

Damages and Compensation Orders Following Findings of Unlawful Discrimination Under the Racial Discrimination Act 1975 (cth) / Determined on the Papers; Consent Orders Completing the Final Orders

Legal Issues

  1. 1 ['Whether the proposed consent orders for interest, expert witness expenses, costs and apologies should be made.' 'Whether the Health and Other Services (Compensation) Act 1995 (Cth) applied to the damages awards so that payment to the first, second, fourth and fifth applicants should await a valid Notice of Charge by Services Australia.' 'Whether a note concerning the operation of the Health and Other Services (Compensation) Act 1995 (Cth) should be included in the orders.']

Ratio Decidendi

Because the parties were legally represented, consented to the proposed orders, and the Court accepted their submissions that the Health and Other Services (Compensation) Act 1995 (Cth) applied to the damages awards, it was appropriate to make the proposed final orders, including the note that payment of damages to the first, second, fourth and fifth applicants was precluded until the State received a valid Notice of Charge from Services Australia.

Court Disposition

Consent orders made; the orders complete the final orders in the proceeding.

Orders

  • ["The Court noted that the first, second, fourth and fifth applicants' damages awards are subject to the Health and Other Services (Compensation) Act 1995 (Cth) and that the first respondent is precluded by s 32 from paying those damages awards until provided with a valid Notice of Charge by Services Australia."...