Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cuna Mutual Group Ltd v Bryant [2000] FCA 970 DISCRIMINATION LAW – disability discrimination – discrimination against deceased person – scope of the "matter" – whether complaint can be lodged on behalf of deceased – "person aggrieved" Administrative Decisions (Judicial Review) Act 1977 (Cth) Disability Discrimination Act 1992 (Cth) Sex Discrimination Act 1984 (Cth) Human Rights Legislation Amendment Act (No 1) 1999 (Cth) Law Reform (Miscellaneous Provisions) Act 1944 (NSW) Racial Discrimination Act 1975 (Cth) Insurance Contracts Act 1984 (Cth) Simplot Australia Pty Ltd v Human Rights and Equal Opportunity Commission (1996) 69 FCR 90, referred to Commonwealth v Sex Discrimination Commissioner (1998) 90 FCR 179, referred to Stephenson v Human Rights and Equal Opportunity Commission (1996) 68 FCR 290, cited Cameron v Human Rights and Equal Opportunity Commission (1993) 119 ALR 279, cited Trident General Insurance Co Limited v McNeice Bros Proprietary Limited (1998) 165 CLR 107, cited Harris, as personal representative of Marcia Andrews (deceased) v Lewisham & Guys Mental Health Trust [2000] 7 EWCA 52, cited CUNA MUTUAL GROUP LTD v MICHELLE BRYANT, MARK NAGY & HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION
N 76 of 2000 BRANSON J SYDNEY 21 JULY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 76 of 2000
BETWEEN: CUNA MUTUAL GROUP LTD
Applicant
AND: MICHELLE BRYANT & MARK NAGY
First Respondents
HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION
Second Respondent
JUDGE: BRANSON J
DATE OF ORDER: 21 JULY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Inquiry Commissioner be set aside. 2. It be declared that the letter dated 3 February 1997 from Stephen Banks & Associates to the Disability Discrimination Commissioner does not allege the doing of an act that is unlawful under a provision of Part 2 of the Disability Discrimination Act 1992 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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