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She, Ling Ye v RMIT University & Dandenong Magistrates' Court [2021] VSC 2

ADMINISTRATIVE LAW, HUMAN RIGHTS
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Incerti J
Parties: 

She, Ling Ye v RMIT University & Dandenong Magistrates' Court

Judgment Date: 
19 January 2021
Catchwords: 

ADMINISTRATIVE LAW - Judicial review - Magistrates' Court of Victoria decision to strike out plaintiff's statement of claim - Procedural fairness - Practical content of fairness - Whether Magistrate gave self-represented litigant a reasonable opportunity to respond to the first defendant's application to strike out - Failure to assist self-represented litigant - Whether error in Magistrate's failure to grant leave to file another statement of claim - Magistrates' Court General Civil Procedure Rules 2010 rr 23.01, 23.02, 23.04; Roberts v Harkness (2018) 57 VR 334 applied.

HUMAN RIGHTS - Right to fair hearing - Self-represented litigants - Charter of Human Rights and Responsibilities Act 2006 (Vic) s 24; Tomasevic v Travaglini & Anor (2007) 17 VR 100 and Matsoukatidou v Yarra Ranges Council (2017) 51 VR 624 considered.

Citation: