Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ferneley v The Boxing Authority of New South Wales [2001] FCA 1740
DISCRIMINATION – Sex discrimination – State legislation requiring prior registration by State statutory authority of any person who engages in a boxing contest – Registration limited to males – Registration authority refused to consider application by female applicant – Whether refusal contravened Commonwealth sex discrimination legislation – Provision in Commonwealth Act proscribing sex discrimination in respect of qualification for engaging in an occupation but this provision does not bind the Crown in right of a State – Whether provision prohibiting discrimination in relation to provision of services applies – Application of exclusion relating to competitive sporting activity in which strength, stamina or physique is relevant. Sex Discrimination Act 1984 ss 3, 4, 5, 12, 18, 22, 42 Boxing and Wrestling Control Act 1986 (NSW) ss 6, 7, 8, 9, 15
HOLLY LOUISE FERNELEY v THE BOXING AUTHORITY OF NEW SOUTH WALES and THE STATE OF NEW SOUTH WALES N 1261 of 2001 WILCOX J 10 DECEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1261 of 2001
BETWEEN: HOLLY LOUISE FERNELEY
APPLICANT
AND: THE BOXING AUTHORITY OF NEW SOUTH WALES
FIRST RESPONDENT
THE STATE OF NEW SOUTH WALES
SECOND RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 10 DECEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The proceeding be dismissed. 2. The costs of the proceeding be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1261 of 2001
BETWEEN: HOLLY LOUISE FERNELEY
APPLICANT
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