Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zoltaszek v Downer EDI Engineering Pty Ltd [2011] FCA 744 Citation: Zoltaszek v Downer EDI Engineering Pty Ltd [2011] FCA 744
Appeal from: Zoltaszek v Downer EDI Engineering Pty Ltd (No 2) [2010] FMCA 938
Parties: ZENON ZOLTASZEK v DOWNER EDI ENGINEERING PTY LTD
File number: NSD 1848 of 2010
Judge: FLICK J
Date of judgment: 1 July 2011
Catchwords: ADMINISTRATIVE LAW – onus of establishing ground of review – absence of an interpreter – undue haste in conduct of proceeding – unrepresented parties - no denial of a fair hearing HUMAN RIGHTS – direct discrimination – indirect discrimination – need to identify disability relied upon
Legislation: Disability Discrimination Act 1992 (Cth) ss 4, 5, 6, 15, 17 Federal Court of Australia Act 1976 (Cth) s 24(1)(d)
Cases cited: Andelman v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 299, cited Cabal v Minister for Immigration and Multicultural Affairs [2001] FCA 546, referred to Dunghutti Elders Council v Registrar of Aboriginal and Torres Strait Islander Corporations [2011] FCA 370, cited Farrington v Deputy Commissioner of Taxation [2002] FCA 1013, 50 ATR 429, referred to Hood v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 555, cited Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367, referred to Jones v Southall and Bourke Pty Ltd [2004] FCA 539, cited Karabassis v Deputy Commissioner of Taxation [2011] FCA 434, cited Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438, considered Opperman v State of Western Australia [2011] WASC 25, cited Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6, referred to Platcher v Joseph [2004] FCAFC 68, cited Purvis v New South Wales (Department of Education and Training) (2003) 217 CLR 92, referred to Qantas Airways Ltd v Gama [2008] FCAFC 69, cited Riverlea Corporation Pty Ltd v Bocol Constructions Pty Ltd [2007] WASC 317, cited Russell v Yarra Ranges Shire Council [2009] VSC 486, cited Stevenson v Murdoch Community Services Inc [2010] FCA 648, considered SYYB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 24, considered SZGYM v Minister for Immigration and Citizenship [2007] FCA 1923, cited VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117, cited Zoia v Secretary, Department of Education, Employment and Workplace Relations (No 2) [2009] FCA 924, cited Zoltaszek v Downer EDI Engineering Pty Limited (No 2) [2010] FMCA 938, considered Zoltaszek v Downer EDI Engineering Pty Ltd (No 3) [2011] FMCA 141, cited Walker v State of Victoria (Department of Education and Early Childhood Development) [2011] FCA 258, cited
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