Abbott Australasia Pty Ltd v Human Rights & Equal Opportunity Commission [1999] FCA 427

FEDERAL COURT OF AUSTRALIA

Abbott Australasia Pty Ltd v Human Rights & Equal Opportunity Commission [1999] FCA 427 HUMAN RIGHTS – Sex discrimination – Complaint of discrimination on the ground of possible pregnancy – Complaint referred to Human Rights and Equal Opportunity Commission but complainant died before hearing of inquiry – Power of Commission to join parties – Whether a new party may become the "complainant" or the "respondent". Sex Discrimination Act 1984, ss 5, 22, 50, 62, 64 and 81. ABBOTT AUSTRALASIA PTY LTD v HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION, ALYSCHIA DIBBLE, LYDIA STEPHENSON – REPRESENTING THE INTEREST OF ALYSCHIA DIBBLE and ST VINCENT'S HOSPITAL SYDNEY LIMITED NG855 of 1998 WILCOX, FINKELSTEIN and KATZ JJ SYDNEY 14 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG855 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ABBOTT AUSTRALASIA PTY LIMITED

Appellant

AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION

First Respondent

ALYSCHIA DIBBLE

Second Respondent

LYDIA STEPHENSON, REPRESENTING THE INTEREST OF ALYSCHIA DIBBLE

Third Respondent

ST VINCENT'S HOSPITAL SYDNEY LIMITED

Fourth Respondent

JUDGES: WILCOX, FINKELSTEIN and KATZ JJ

DATE OF ORDER: 14 APRIL 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The orders made by Einfeld J on 31 July 1998 be varied by deleting orders 4 and 5. 2. Otherwise the appeal be dismissed. 3. The appellant, Abbott Australasia Pty Limited, pay to the third respondent, Lydia Stephenson, her costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA