Pham v Commonwealth of Australia [2002] FCA 669

FEDERAL COURT OF AUSTRALIA

Pham v Commonwealth of Australia [2002] FCA 669

HUMAN RIGHTS - proceeding commenced in Court - prior proceeding dismissed by Court for non-appearance - appeal in prior proceeding dismissed - instant proceeding raising same allegations against two respondents - also based on complaint about Commission's handling of earlier complaint - proceeding out of time - whether time should be enlarged - whether delay explained adequately by illness and difficulty of conducting two proceedings simultaneously - merits of application - whether Court has jurisdiction to deal with complaint not terminated by Commission Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PH, 46PO Racial Discrimination Act 1975 (Cth) Disability Discrimination Act 1992 (Cth) Phillips v Australian Girls' Choir [2001] FMCA 109 considered

CHARLES PHAM v COMMONWEALTH OF AUSTRALIA (HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION), COMMONWEALTH OF AUSTRALIA (DEFENCE FORCE) AND UNIVERSITY OF QUEENSLAND

V 130 of 2002

GRAY J

9 MAY 2002

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 130 of 2002

BETWEEN: CHARLES PHAM

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA (HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION)

FIRST RESPONDENT

COMMONWEALTH OF AUSTRALIA (DEFENCE FORCE)

SECOND RESPONDENT

UNIVERSITY OF QUEENSLAND

THIRD RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 9 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application filed on 4 March 2002 be dismissed. 2. The applicant pay the costs of the Human Rights and Equal Opportunity Commission, the Commonwealth of Australia and the University of Queensland of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.