Low v Commonwealth of Australia [2001] FCA 702

FEDERAL COURT OF AUSTRALIA

Low v Commonwealth of Australia [2001] FCA 702

HUMAN RIGHTS – Appeal from Federal Magistrates Court – Alleged discrimination in employment and dismissal - Disability discrimination – Racial discrimination - Sex discrimination PRACTICE AND PROCEDURE – Appeal from Federal Magistrates Court – Extension of time – Whether there is a reasonable explanation for the delay - Whether the application discloses an arguable case – Whether it is appropriate to grant pro bono legal assistance Federal Court of Australia Act 1976 (Cth) ss 24(1)(d); 25(1)(a)

Human Rights and Equal Opportunity Commission Act 1986 (Cth) Pt II B; s 46

Disability Discrimination Act 1992 (Cth) s 15

Racial Discrimination Act 1975 (Cth) ss 9, 15, 18

Sex Discrimination Act 1984 (Cth) ss 6, 14, 28B

CDJ v VAJ [1998] HCA 67; (1998) 197 CLR 172 referred to

Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17 referred to

Allesch v Maunz [2000] HCA 40; 173 ALR 648 referred to

Powell v Powell (unreported, Family Court of Australia, Coleman J, 6 April 2001) referred to

Haining v Deputy President Drake & Ors (unreported, Federal Court of Australia, Wilcox, Moore & Marshall JJ, 17 September 1998) referred to

Mazukov v University of Tasmania [2000] FCA 1091 referred to

Lokeni Hui v Commonwealth of Australia [2001] FCA 69 followed

LAN LOW v COMMONWEALTH OF AUSTRALIA

N 1211 OF 2000 MARSHALL J MELBOURNE (HEARD IN SYDNEY) 13 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1211 OF 2000

BETWEEN: LAN LOW

APPELLANT

AND: COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 13 JUNE 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.