Thomson v Orica Australia Pty Ltd (No 2) [2001] FCA 1563

FEDERAL COURT OF AUSTRALIA

Thomson v Orica Australia Pty Ltd (No 2) [2001] FCA 1563

Thomson v Orica Australia Pty Limited No N 1051 of 2000 Allsop J 26 October 2001 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1051 of 2000

BETWEEN: CYNTHIA THOMSON

APPLICANT

AND: ORICA AUSTRALIA PTY LTD

RESPONDENT

JUDGE: ALLSOP J

DATE: 26 October 2001

PLACE: SYDNEY

REASONS FOR ORDERS

1 This matter was heard before me in two phases this year in June and in October. The matter was commenced by an application of a kind required by Order 81 of the Federal Court Rules, that is an application alleging unlawful discrimination. The jurisdiction granted to this court to determine such issues arises under a Commonwealth Act being the Human Rights and Equal Opportunity Commission Act 1986. This court has jurisdiction to hear matters arising under that Act and cognate Commonwealth legislation.

2 The matter was not commenced by way of a statement of claim: unfortunately so, because some part of the difficulty which, I think legitimately to a degree, is expressed by the respondent, perhaps would have been obviated if the rules more clearly provided for a document which allowed the proper display of factual matters in dispute, rather than the application in its form under the Rules. In saying that I make no criticism of either of the parties or their legal representatives.

3 The matter has a procedural history which has been usefully set out in written submissions that Ms Ronalds has filed. Perhaps I should add, at this point, that the purpose of today is to discuss any difficulty which may have arisen in conversations I had with counsel at the close of the evidence in the case two weeks ago. The evidence closed two weeks ago and I re-listed the matter on the following Tuesday, that is, 16 October. The reason I re-listed the matter will become apparent in a moment.