Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Simundic v University of Newcastle [2007] FCA 676
VESNA SIMUNDIC v UNIVERSITY OF NEWCASTLE NSD 2344 OF 2006
MOORE J
11 may 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2344 OF 2006
BETWEEN: VESNA SIMUNDIC
Applicant
AND: UNIVERSITY OF NEWCASTLE
Respondent
JUDGE: MOORE J DATE OF ORDER: 11 may 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applications be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2344 OF 2006
BETWEEN: VESNA SIMUNDIC
Applicant
AND: UNIVERSITY OF NEWCASTLE
Respondent
JUDGE: MOORE J
DATE: 11 may 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By notice of motion filed 18 December 2006, the respondent, the University of Newcastle, seeks orders that the proceedings instituted by the applicant on 29 November 2006 be dismissed with costs. The applicant filed a general application (Form 5) and a claim under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("HREOC Act") alleging unlawful discrimination (Form 167), together with a supporting affidavit. The Form 5 application and affidavit state that the applicant withdrew her case from the Supreme Court of New South Wales due to the behaviour of the University's legal representatives and that she wishes to have her case transferred to this Court. In the Form 5 application, the proceedings are described simply as concerning personal injury, defamation, breach of contract and the conduct of the University's legal representatives for which she claims the University is responsible. In the Form 167, next to "Describe the discrimination you are complaining of", the applicant has written "PTSD [Post Traumatic Stress-Disorder] that University ignored" and "abuse; defamation". The Disability Discrimination Act 1975 (Cth) ("DD Act") is identified as the relevant Act which renders unlawful the conduct about which the applicant complained.
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