Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shammas v Canberra Institute of Technology [2014] FCA 71 Citation: Shammas v Canberra Institute of Technology [2014] FCA 71
Parties: BAN SHAMMAS v CANBERRA INSTITUTE OF TECHNOLOGY
File number: ACD 71 of 2013
Judge: FOSTER J
Date of judgment: 13 February 2014
Catchwords: PRACTICE AND PROCEDURE – whether the applicant's claims should be summarily dismissed because the Court is satisfied that she has no reasonable prospect of successfully prosecuting those claims – whether the applicant's claims are even arguable – whether the proceeding is an abuse of the process of the Court
Legislation: Australian Human Rights Commission Act 1986 (Cth), s 46PH(1)(b)), s 46PO Discrimination Act 1991 (ACT) Federal Court of Australia Act 1976 (Cth), s 31A Human Rights Commission Act 2005 (ACT), s 53(a) Sex Discrimination Act 1984 (Cth), ss 4, 28A, 28F, 105 and 106 Federal Court Rules 2011, r 26.01(a), (c) and (d) Federal Court Rules 1979, O 11 r 16
Cases cited: Shammas v Canberra Institute of Technology [2012] ACTSC 197 related Shammas v Canberra Institute of Technology [2013] ACTCA 50 related Singh v Super City Home Loans Pty Ltd [2011] FCA 646 cited Spencer v The Commonwealth (2010) 241 CLR 118 cited
Date of hearing: 6 December 2013
Place: Sydney (via video link to Canberra) (heard in Canberra)
Division: GENERAL DIVISION
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