Pham v University of Queensland [2002] FCAFC 40; [2002] FCA 203

Pham v University of Queensland [2002] FCAFC 40 Pham v University of Queensland [2002] FCA 203

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Pham v University of Queensland [2002] FCA 203

APPEAL - discretion of judge to dismiss action due to non-appearance of the appellant at trial under O 32 r 2(1)(c) - litigant in person with chronic medical disability - whether evaluation of merits of case by trial judge is required - whether trial judge was biased - whether there was discrimination - application of s 46PR Human Rights and Equal Opportunity Commission Act 1986 (Cth)

Human Rights and Equal Opportunity Commission Act 1986 (Cth), s 46PR Racial Discrimination Act 1975 (Cth), ss 9 and 10 Disability Discrimination Act 1992 (Cth), ss 5 and 6 Federal Court Rules, O 10 r 7(1)(a) and O 32 r 2(1)(c)

House v The King (1936) 55 CLR 499 applied CHARLES PHAM v UNIVERSITY OF QUEENSLAND AND COMMONWEALTH OF AUSTRALIA (AUSTRALIAN DEFENCE FORCE) V 865 OF 2001 DRUMMOND, MARSHALL AND FINKELSTEIN JJ 1 MARCH 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 865 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA