Margan v Australian Human Rights Commission [2013] FCA 612

FEDERAL COURT OF AUSTRALIA

Margan v Australian Human Rights Commission [2013] FCA 612 Citation: Margan v Australian Human Rights Commission [2013] FCA 612

Parties: SIMON MARGAN v COMMONWEALTH OF AUSTRALIA, STATE OF QUEENSLAND and STATE OF NSW SIMON MARGAN v AUSTRALIAN HUMAN RIGHTS COMMISSION and COMMONWEALTH OF AUSTRALIA

File numbers: NSD 399 of 2013; NSD 400 of 2013

Judge: GRIFFITHS J

Date of judgment: 18 June 2013

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – principles concerning leave to appeal from dismissal pursuant to r 30.02(b) of the Federal Court Rules 2011 – principles concerning leave to appeal from summary dismissal – whether any arguable error in exercise of discretion – whether primary judgment attended with sufficient doubt to warrant reconsideration by the Full Court HUMAN RIGHTS – discrimination based on sex or marital status COSTS – whether award of costs appropriate

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 10, 16 Australian Human Rights Commission Act 1986 (Cth) ss 3, 46PH, 46PO Federal Court of Australia Act 1976 (Cth) ss 30, 31A Federal Court Rules 2011 rr 16, 26, 30 Judiciary Act 1903 (Cth) s 78B Marriage Act 1961 (Cth) ss 3, 5 Sex Discrimination Act 1994 (Cth) ss 4, 5, 6

Cases cited: Atieh v Civil Aviation Safety Authority (2013) FCA 20 DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Department of Defence v Human Rights and Equal Opportunity Commission (1997) 78 FCR 208 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 at [43] Oshlack v Richmond River Council (1998) 193 CLR 72 Spencer v Commonwealth of Australia (2010) 241 CLR 118