De Domenico v Marshall [1999] FCA 1305

FEDERAL COURT OF AUSTRALIA

De Domenico v Marshall [1999] FCA 1305

ADMINISTRATIVE LAW – judicial review – decision of Administrative Appeals Tribunal (ACT) – allegations of sexual harassment treated as a course of conduct rather than a series of individual acts – failure to consider discrete acts – whether sufficient evidence to establish "offensiveness" and "unwelcomeness" – whether specific findings necessary TONY DE DOMENICO v MARGOT MARSHALL A 14 OF 1999 SPENDER, MADGWICK & DOWSETT JJ 16 SEPTEMBER 1999 MELBOURNE (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT A 14 OF 1999

REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: TONY DE DOMENICO

Appellant

AND: MARGOT MARSHALL

Respondent

JUDGES: SPENDER, MADGWICK & DOWSETT JJ

DATE OF ORDER: 16 SEPTEMBER 1999

WHERE MADE: MELBOURNE (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. Set aside the orders of Miles CJ made on 3 February 1999 and of the Administrative Appeals Tribunal made on 1 June 1998 and 4 November 1998. 3. Remit the matter to the Tribunal for reconsideration and determination in accordance with law. 4. Such reconsideration is to be limited to investigation and determination of the complaint made by the respondent pursuant to s 70 of the Discrimination Act (1990) (ACT) excluding those parts of the said complaint which have been rejected by the Tribunal in its reasons dated 1 June 1998. 5. The reconsideration is to be conducted upon such of the evidence previously received as shall, to the Tribunal, seem relevant to the said complaint and such further evidence relevant to that complaint as it shall determine to receive.

6. There be no order as to costs of this appeal or of the application in the Supreme Court of the Australian Capital Territory. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.