Weir v Telstra Limited [2023] FCAFC 196

Federal Court of Australia

Weir v Telstra Limited [2023] FCAFC 196 Appeal from: Application for extension of time: Weir v Telstra Corporation Limited [2022] FCA 969

File number: QUD 310 of 2022

Judgment of: COLLIER ACJ, RANGIAH AND THOMAS JJ

Date of judgment: 14 December 2023

Catchwords: HUMAN RIGHTS – whether primary judge erred by refusing leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) – whether it was reasonably arguable that the respondents breached ss 28G and 28L of the Sex Discrimination Act 1984 (Cth) – meaning of "in the course of" – whether it was reasonably arguable that the first respondent is vicariously liable under s 106 of the Sex Discrimination Act 1984 (Cth) for the conduct of the second respondent – meaning of "in connection with" – appeal allowed PRACTICE AND PROCEDURE – application for extension of time – where delay was minimal – application for leave to appeal – adequate prospects of success – applications allowed

Legislation: Acts Interpretation Act 1901 (Cth) s 2C(1) Australian Human Rights Commission Act 1986 (Cth) ss 3, 46PH(1)(c), 46PO and 46PO(3A)(a) Federal Court of Australia Act 1976 (Cth) s 24(1A) Sex Discrimination Act 1984 (Cth) ss 3, 4, 28A, 28G, 28G(1), 28L, 105, 106 and 106(1) Sex Discrimination and other Legislation Amendment Act 1992 (Cth) ss 28B–28H, 28J–L Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) s 9 Telstra Corporation Act 1991 (Cth) s 8CM Australian Consumer Law ss 18 and 60 Anti-Discrimination Act 1991 (Qld) Anti-Discrimination Act 1992 (NT)