Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Simundic v University of Newcastle [2007] FCAFC 144
PRACTICE AND PROCEDURE – appeal from a single Judge of this Court – appeal from interlocutory orders – whether the Court has jurisdiction to entertain appellant's causes of action – whether conditions precedent to the institution of proceedings under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) made out – appeal dismissed. Disability Discrimination Act 1992 (Cth)s 13(4) Evidence Act 1995 (Cth) s 56(2) Federal Court of Australia Act 1976 (Cth) ss 24 and 31A Human Rights and Equal Opportunity Commission Act 1986 (Cth)ss46PO and 46PH(2) Federal Court of Australia Rules 1979 (Cth) O 81 r 5 Carlton & United Breweries Ltd v Castlemaine Tooheys Ltd (1986) 161 CLR 543 cited Dai v Telstra Corporation Ltd (2000) 171 ALR 348 cited Lashansky v Bruvecchis Pty Ltd [2005] FCAFC 64 cited Weatherall v Satellite Receiving Systems Aust Pty Ltd (1999) 92 FCR 101 cited Zines, L "Federal Associated and Accrued Jurisdiction" in Opeskin B and Wheeler F (eds) The Australian Federal Judicial System (2000) VESNA SIMUNDIC v UNIVERSITY OF NEWCASTLE NSD 982 OF 2007
ALLSOP, LANDER AND SIOPIS JJ
31 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 982 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: VESNA SIMUNDIC
Appellant
AND: UNIVERSITY OF NEWCASTLE
Respondent
JUDGES: ALLSOP, LANDER AND SIOPIS JJ
DATE OF ORDER: 31 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 982 OF 2007
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