Westwood v Human Rights & Equal Opportunity Commission [2004] FCA 153

FEDERAL COURT OF AUSTRALIA

Westwood v Human Rights & Equal Opportunity Commission [2004] FCA 153

ADMINISTRATIVE REVIEW – application for extension of time to seek review made 12 years after decision – applicant litigant in person – claims of denial of procedural fairness – application refused – applicable principles

Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 and 11(1) Sex Discrimination Act 1984 (Cth) s 52(4)

Reid v Sheiban (1988) HREOCA 5 (28 July 1988) Kim Hyun Tai v Bolkus (1996) 42 ALD 249 Hunter Valley Development Pty Ltd v Cohen (1984) 3 FCR 344 Brisbane South Regional health Authority v Taylor (1996-1997) 186 CLR 541 R v Lawrence [1982] AC 510 Vel v Human Rights an Equal Opportunity Commission (1997) 47 ALD 219 PAMELA WESTWOOD v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AND MEMBERS OF THE COUNCIL OF THE SCOTS COLLEGE & ANOR N 321 OF 2003

CONTI J 27 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 321 OF 2003

BETWEEN: PAMELA WESTWOOD

APPLICANT

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

FIRST RESPONDENT

MEMBERS OF THE COUNCIL OF THE SCOTS COLLEGE

SECOND RESPONDENTS

(NAME SUPPRESSED)

THIRD RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 27 FEBRUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Application dismissed. 2. The applicant to pay the costs of the second and third respondents of the application. 3. The order of the Court made on 24 July 2003 in the following terms, as corrected, be continued to hereafter read as follows: 'Pursuant to s 50 of the Federal Court of Australia Act 1976 (as amended), the name of the third respondent, and any published material that might enable the identification of the third respondent to be made, and of any other person referred to in the evidence tendered in the application for leave herein to extend the time for filing legal process, not be published.' 4. There be liberty to apply in relation to Order 3. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.