Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charles v Fuji Xerox Australia Pty Ltd
[2000] FCA 1531
HUMAN RIGHTS – complaint to Human Rights and Equal Opportunity Commission of acts of disability discrimination in employment – period of time covered by complaint – whether applicant in proceeding before Federal Court can allege acts of discrimination not alleged in terminated complaint.
Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 46PA, 46PF(1), 46PF(4), 46PH, 46PO(1), 46PO(3) Disability Discrimination Act 1992 (Cth), ss 15, 17, 67(1)(a), 68, 69, 71, 101 Human Rights Legislation Amendment Act (No. 1) 1999 (Cth), ss 3, 10, 14, items 24, 25 & 61 of Sch 1 Anti-Discrimination Act 1977 (NSW), s 88 Judiciary Act 1903 (Cth), s 79 Limitation Act 1969 (NSW) Federal Court of Australia Act 1976 (Cth), s 32AB(1), 32AB(6) McAuliffe v Puplick (1996) EOC ¶92-800 discussed MacDonald v Puplick (NSWSC, 12 June 1998, unreported) referred to Wigan v Edwards (1973) 1 ALR 497 discussed Senate Explanatory Memorandum: Human Rights Legislation Amendment Bill (No. 1) 1999 (Cth) House of Representatives Hansard, 11 March 1999, pp. 3754 & 3755 MERVYN CLETUS CHARLES v FUJI XEROX AUSTRALIA PTY LTD N 479 of 2000 KATZ J 30 OCTOBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 479 of 2000
BETWEEN: MERVYN CLETUS CHARLES
APPLICANT
AND: FUJI XEROX AUSTRALIA PTY LTD
RESPONDENT
JUDGE: KATZ J
DATE OF ORDER: 30 OCTOBER 2000
WHERE MADE: SYDNEY
THE COURT DIRECTS THAT: 1. On the final hearing of the proceeding, the applicant not be at liberty to lead any evidence directed to establishing the doing by the respondent after 3 April 1999 of any act constituting unlawful disability discrimination in employment.
THE COURT ORDERS THAT:
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