Reading v Partnership of Western Diagnostic Pathology [2008] FCA 1381

FEDERAL COURT OF AUSTRALIA

Reading v Partnership of Western Diagnostic Pathology [2008] FCA 1381

HUMAN RIGHTS – written complaint lodged with Human Rights and Equal Opportunity Commission alleging unlawful discrimination – termination of complaint pursuant to s 46PH of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) – application made to this Court for relief pursuant to s 46PO of the HREOC Act – different parties named to complaint – in part different conduct the subject of the terminated complaint – question of striking out claims based on different parties and the different conduct PRACTICE AND PROCEDURE – summary judgment application and strike out application – relevant principles for each – claim against non-parties to HREOC complaint before the Commission struck out – elements of claim which were not the same or arising out of the same or substantially the same acts also struck out – leave to amend

Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 3, 46P(1), 46PD, 46PH, 46PH(1)(i), 46PH(2), 46PO, 46PO(3), 46PO(3)(a), 46PO(3)(b) Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2) Sex Discrimination Act 1984 (Cth) ss 5(1), 17

Federal Court Rules O 4 r 3(b), O 11 r 2, O 11 r 5, O 11 r 16, O 42, O 81, O 81 r 4(2), O 81 r 5

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