Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hinton v Alpha Westmead Private Hospital [2016] FCAFC 107 Appeal from: Hinton v Alpha Westmead Private Hospital Pty Ltd [2016] FCCA 270
File number(s): NSD 324 of 2016
Judge(s): COLLIER, JAGOT AND PERRY JJ
Date of judgment: 22 August 2016
Catchwords: PRACTICE AND PROCEDURE - Federal Circuit Court of Australia - disability discrimination – Federal Circuit Court summarily dismissed application at first directions hearing– whether primary judge erred in finding no reasonable prospect of success – whether denial of procedural fairness
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Disability Discrimination Act 1992 (Cth) ss 3, 4, 5, 7, 11, 24, 29A, 123 Federal Circuit Court of Australia Act 1999 (Cth) s 17A Federal Circuit Court Rules 2001 (Cth) r 13.10 Legal Profession Uniform Law Application Act 2014 (NSW) sch 2, cl 4
Cases cited: Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; (2013) 252 CLR 38 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Hinton v Alpha Westmead Private Hospital Pty Ltd [2016] FCCA 270 Shrestha v Migration Review Tribunal [2015] FCAFC 87; (2015) 229 FCR 301 Waters v Public Transport Corporation (1991) 173 CLR 349
Date of hearing: Determined on the papers
Date of last submissions: 7 July 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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