Travers v State of New South Wales [2000] FCA 1565

FEDERAL COURT OF AUSTRALIA

Travers v State of New South Wales [2000] FCA 1565 DISABILITY DISCRIMINATION – proceeding seeking relief in respect of alleged unlawful discrimination commenced in the Court following the termination of a complaint made to the Human Rights and Equal Opportunity Commission – motion filed by respondent seeking an order summarily dismissing the proceeding under FCR O 20 r 2 on the basis that the application disclosed no reasonable cause of action – whether the application failed to meet the requirements of s 46PO(3) of the Human Rights Legislation Amendment Act (No 1) 1999 (Cth) because the discrimination which it alleged was not the same as (or the same in substance as), or did not arise out of the same (or substantially the same) acts, omissions or practices as, the discrimination which was the subject of the terminated complaint – whether the facts alleged by the applicant would, if proved, amount to indirect discrimination within the meaning of s 6 of the Disability Discrimination Act 1992 (Cth) PRACTICE AND PROCEDURE – whether it would be appropriate for the Court to conclude that an application is not supported by the evidence filed, and to proceed to make an order under FCR O 20 r 2, on the basis of a possible inconsistency between the affidavit filed with the application and another affidavit filed on behalf of the applicant

Federal Court Rules, O 20 r 2 Disability Discrimination Act 1992 (Cth), s 6 Human Rights Legislation Amendment Act (No 1) 1999 (Cth), s 46PO(3) Mandla v Dowell Lee [1983] 2 AC 548, referred to Australian Public Service Association v Australian Trade Commission (1988) EOC 92-228, followed Styles v Secretary, Department of Foreign Affairs and Trade (1988) EOC 92-239, followed Assal v Department of Health, Housing & Community Services (1992) EOC 92-409, referred to 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