Low v Australian Taxation Office [2000] FCA 1934

FEDERAL COURT OF AUSTRALIA

Low v Australian Taxation Office [2000] FCA 1934

LAN LOW v AUSTRALIAN TAXATION OFFICE N1211 of 2000

MADGWICK J 7 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1211 of 2000

BETWEEN: LAN LOW

APPLICANT

AND: AUSTRALIAN TAXATION OFFICE

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 7 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant's Notice of Motion be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1211 of 2000

BETWEEN: LAN LOW

APPLICANT

AND: AUSTRALIAN TAXATION OFFICE

RESPONDENT

JUDGE: MADGWICK J

DATE: 7 DECEMBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 The applicant has an appeal pending in this Court against a judgment of Driver FM, by which judgment his Honour declined to grant an extension of time for the applicant to bring an application to institute proceedings alleging unlawful discrimination by her former employer, the respondent, contrary to the Disability Discrimination Act 1992 (Cth), the Racial Discrimination Act 1975 (Cth) and the Sex Discrimination Act 1984 (Cth). 2 The applicant has moved the Court for an order, in effect, that she be permitted to subpoena "all documents to be made available to the applicant for the purpose of clearing defamatory statements/files created by the ATO, Dept of Social Security and/or any other government offices". 3 It appears that the applicant's history with the Australian Tax Office ("ATO") was lengthy and, to put the matter neutrally and without laying blame anywhere, marked by some conflict between her and various officers of that institution. Driver FM took the view that there was nothing before him to suggest an arguable case of discrimination under any of the