Seidler v The University of New South Wales [2011] FCA 640

FEDERAL COURT OF AUSTRALIA

Seidler v The University of New South Wales [2011] FCA 640 Citation: Seidler v The University of New South Wales [2011] FCA 640

Parties: KATHRYN SEIDLER v THE UNIVERSITY OF NEW SOUTH WALES 'UNSW', THE AUSTRALIAN GRADUATE SCHOOL OF MANAGEMENT 'AGSM', VICE-CHANCELLOR FRED HILMER, DEPUTY VICE-CHANCELLOR RICHARD HENRY (NOW PROFESSOR RICHARD HENRY), PROFESSOR IAN WILKINSON, PROFESSOR PAUL PATTERSON, PROFESSOR PAM MORRISON and PROFESSOR JOHN ROBERTS

File number: NSD 24 of 2011

Judge: COWDROY J

Date of judgment: 9 June 2011

Catchwords: PRACTICE AND PROCEDURE – proceedings instituted following a Deed of Release signed by applicant – applications for summary judgment pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) – claims raised in Statement of Claim all within the ambit of the Deed of Release – summary judgment granted to respondents PRACTICE AND PROCEDURE – application by respondents under O 20 r 5 of the Federal Court Rules to dismiss the proceedings as constituting an abuse of process of the Court in view of the Deed of Release and findings of an earlier decision of the Federal Magistrates Court PRACTICE AND PROCEDURE – application by respondents under O 11 r 16 of the Federal Court Rules to strike out the proceedings on the basis that the Statement of Claim discloses no reasonable cause of action

Legislation: Disability Discrimination Act 1992 (Cth) s 5 Federal Court Act 1976 (Cth) s 31A(2) Federal Court Rules O 20 r 5, O 11 rr 3, 16 Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO Trade Practices Act 1974 (Cth)