Federal Court of Australia

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

ORDERS

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.

REASONS FOR JUDGMENT

BANKS-SMITH J:

1    These reasons follow publication today of reasons in EIX20 v State of Western Australia (No 2) [2025] FCA 28.

2    The applicant in this case has similarly brought proceedings against the State of Western Australia, including claims made under the Disability Discrimination Act 1992 (Cth) (DDA), relating to his treatment while he was detained at Banksia Hill Detention Centre.

3    The two actions are proceeding in parallel and with the same representation. The complaints as to the pleaded case made in EIX20 that relate to the DDA are similarly made by the State about the proposed third further amended statement of claim upon which the applicant seeks to rely in this case.

4    The parties agreed that the outcome in this proceeding would follow the outcome in EIX20 and relevantly did not make separate or competing submissions.

5    It follows that the parties should consider the reasons in EIX20 and the proposed amended pleading in this matter, and provide a joint minute of proposed orders to Chambers that reflect the appropriate outcome as to the proposed amendments. I will hear the parties as to costs in due course.

Associate:

Dated:    31 January 2025