Bahonko v Royal Melbourne Institute of Technology [2006] FCA 1325

FEDERAL COURT OF AUSTRALIA

Bahonko v Royal Melbourne Institute of Technology

[2006] FCA 1325

DISCRIMINATION LAW – application pursuant to Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO – allegation of unlawful discrimination – racial discrimination – disability discrimination – complaint made to Human Rights and Equal Opportunity Commission – complaint terminated as trivial, vexatious, misconceived or lacking in substance – whether allegations of religious or political discrimination also before Court. PRACTICE AND PROCEDURE – application to extend time for filing application – discretion of court – principles to be applied in exercising discretion – whether merits of applicant's claim sufficient to warrant exercise of discretion – whether any reasonable prospect of success. Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3, 6, 11, 30, 32, 32(1)(b), 32(3)(c)(ii), 35(2), 35(3), 46PD, 46PE, 46PH, 46PH(1), 46PH(1)(c), 46PO, 46PO(2), 46PO(3), 46PR Racial Discrimination Act 1975 (Cth) Victorian Institute of Teaching Act 2001 (Vic) ss 21, 81, 81(1), 81(2) Charles v Fuji Xerox Australia Pty Ltd (2000) 105 FCR 573 at [38]-[43] cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 pp 348-9 discussed Ingram-Nader v Brinks Australia Pty Ltd [2006] FCA 624 at [12] followed STANISLAWA BAHONKO v ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY, MINISTER FOR EDUCATION AND TRAINING AND VICTORIAN INSTITUTE OF TEACHING VID 828 OF 2006

WEINBERG J

11 october 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 828 OF 2006

BETWEEN: STANISLAWA BAHONKO

Applicant

AND: ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY

First Respondent