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Berry v State of South Australia [2017] FCA 702

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HUMAN RIGHTS - disability discrimination -- disability necessitating absences from workplace in excess of leave entitlements -- discretionary leave without pay -- whether employer unlawfully discriminated against employee in the administration of discretionary unpaid leave. PRACTICE AND PROCEDURE – application for declaratory relief by consent – circumstances in which declaratory relief will be granted – requirement for contraventions to be established by agreed or proven facts –parties agreeing mixed questions of fact and law – necessity for precision in agreed facts PRACTICE AND PROCEDURE - application for declaratory relief by consent - circumstances in which declaratory relief will be granted - requirement for contraventions to be established by agreed or proven facts -parties agreeing mixed questions of fact and law - necessity for precision in agreed facts

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