Simplot Australia Pty Ltd t/as Edgell-Birds Eye v Commissioner Robert Nettlefold (Constituting the Human Rights & Equal Opportunity Commission) & Anor [1996] FCA 718

CATCHWORDS

Administrative Law - Sex Discrimination - Whether complaint under Sex Discrimination Act 1984 must provide sufficient details of the alleged discrimination to show on its face that it relates to an unlawful act - Whether the Human Rights and Equal Opportunity Commission has jurisdiction or power to hold an inquiry into a complaint which may not relate to an unlawful act but alleges that a person has done an unlawful act - Whether discrimination upon the ground of a failure to contract with a corporation offered or nominated by a woman on ground of her sex can constitute sex discrimination - Whether error of law in Commission not being satisfied that the complaint relates to an act which is not unlawful. Sex Discrimination Act 1984 (Cth) ss.5, 14(1), 16, 50, 52(2), 52(4), 52(5), 59(1), 79 and 81. Equal Opportunity Act 1984 (Vic) ss.44(1), 45 and 47. Nestle Australia Ltd. v. The President and Members of the Equal Opportunity Board [1990] VR 799 Minister for Immigration and Ethnic Affairs v. Wu Shan Liang (1996) 136 ALR 481 VG204/96 SIMPLOT AUSTRALIA PTY. LTD. (Trading as EDGELL-BIRDS EYE) V. COMMISSIONER ROBERT NETTLEFOLD (Constituting the HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION) MERKEL J. MELBOURNE 9 AUGUST 1996

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No. VG 204 of 1996 B E T W E E N: SIMPLOT AUSTRALIA PTY. LTD. (Trading as EDGELL-BIRDS EYE) Applicant AND: COMMISSIONER ROBERT NETTLEFOLD (Constituting the HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION) First Respondent AND: ANTONIA DI PETTA Second Respondent Coram: Merkel J. Place: Melbourne Date: 9 August 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The Application be dismissed. 2. The applicant pay the taxed costs of the respondents of and incidental to the application.