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Reflections on a ‘significant’ discrimination case

A few months ago, the Federal Court found in favour of five former students of a Melbourne-based school who had alleged anti-Semitic bullying and harassment, with the quintet being awarded substantial damages by the state of Victoria. Here, one of the partners involved in the proceedings unpacks the case and its broader implications.

January 25, 2024 By Robyn Tongol
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In this episode of The Lawyers Weekly Show, host Jerome Doraisamy welcomes Cornwalls partner Richard Hutchings to talk about the case of Kaplan v State of Victoria (No 8) [2023] FCA 1092, the headline takeaways and findings from the proceedings, how he and his firm came to be involved in the matter, the significance of an apology being delivered, and why the proceedings are so important in the current climate.

Mr Hutchings also reflects on whether we may now see further such proceedings being brought across Australian jurisdictions, whether our laws are currently fit for purpose in navigating such discrimination issues, how and why law firms of all stripes should be more willing to take on these kinds of matters on a pro bono basis, lessons for such firms coming out of these proceedings, how his team navigated evolving court processes, and his interest in human rights law more broadly.

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