Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maghiar v State of Western Australia [2002] FCA 262
HUMAN RIGHTS - discrimination - discrimination on grounds of race and disability - alleged mistreatment by police on three occasions in relation to arrests - no case submission - evidence taken at its highest does not involve allegation of nexus between mistreatment and race or disability - essential element of case missing - no case submission correctly upheld. Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 s 9 Human Rights and Equal Opportunity Commission Act s 46PH(1)(c) and s 46PH(1)(f) Travers v State of New South Wales [2000] FCA 1565 Charles v Fuji Xerox Australia Pty Ltd (2000) 105 FCR 573 ACCC v Amcor Printing Papers Group Limited (2000) 169 ALR 344 J Corp v Australian Builders Labourers Federated Union of Workers (Western Australian Branch) (No 2) (1992) 38 FCR 458 Rasomen Pty Ltd v The Shell Company of Australia Ltd (1996) 71 FCR 540 Compaq Computer Australia Pty Ltd v Merry (1998) 157 ALR 1 TNT v Brooks (1979) 23 ALR 345 GEORGE MAGHIAR v STATE OF WESTERN AUSTRALIA W492 OF 2001 FRENCH J 15 MARCH 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY W492 OF 2001
On appeal from the decision of Raphael FM in the Federal Magistrates' Court
BETWEEN: GEORGE MAGHIAR
APPELLANT
AND: STATE OF WESTERN AUSTRALIA
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 15 MARCH 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY W492 OF 2001
On appeal from the decision of Raphael FM in the Federal Magistrates' Court
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