Stanislawa Bahonko v Royal Melbourne Institute of Technology & Ors [2006] FCA 1492

FEDERAL COURT OF AUSTRALIA

Stanislawa Bahonko v Royal Melbourne Institute of Technology & Ors [2006] FCA 1492

PRACTICE AND PROCEDURE – appeals – leave to appeal from interlocutory judgment – discretion to grant leave – principles to be applied in exercising discretion – whether there is sufficient doubt in the learned judge's decision to warrant exercise of discretion – whether a substantive injustice would result if leave refused DISCRIMINATION LAW – application pursuant to s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) – 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 Administrative Decisions (Judicial Review) Act 1977 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Victorian Institute of Teaching Act 2001 (Vic) Bahonko v Royal Melbourne Institute of Technology [2006] FCA 1325 cited Charles v Fuji Xerox Australia Pty Ltd (2000) 105 FCR 573 referred to Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Vranic v Commissioner of Taxation (2002) 67 ALD 798 followed STANISLAWA BAHONKO v ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY, MINISTER FOR EDUCATION AND TRAINING AND VICTORIAN INSTITUTE OF TEACHING VID 1204 OF 2006

TRACEY J

24 NOVEMBER 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1204 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: STANISLAWA BAHONKO

Applicant

AND: ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY

First Respondent

MINISTER FOR EDUCATION AND TRAINING