Munday v Commonwealth of Australia (No 2) [2014] FCA 1123

FEDERAL COURT OF AUSTRALIA

Munday v Commonwealth of Australia (No 2) [2014] FCA 1123 Citation: Munday v Commonwealth of Australia (No 2) [2014] FCA 1123

Parties: MICHEAL JOHN MUNDAY and CATHERINE ANNE DAY v COMMONWEALTH OF AUSTRALIA

File number: ACD 12 of 2013

Judge: KATZMANN J

Date of judgment: 21 October 2014

Catchwords: HUMAN RIGHTS – Discrimination – disability – discrimination alleged in conduct of Commonwealth program regarding early release of superannuation on compassionate grounds – early release of superannuation sought by second applicant to pay for in-vitro fertilisation (IVF) treatment overseas on the basis that it was necessary to alleviate acute or chronic depression – IVF treatment would involve paying for ova – first application rejected because decision-maker was not satisfied that IVF was necessary to alleviate second applicant's depression or that she lacked the financial capacity to meet the expense arising from the proposed treatment by other means – second application rejected because decision-maker was not satisfied that IVF was necessary to alleviate second applicant's depression and also because superannuation funds would be used for a purpose that was not permitted under Australian law – requirement of lawful purpose not specified in Superannuation Industry (Supervision) Act 1993 (Cth) or Superannuation Industry (Supervision) Regulations 1994 (Cth) – whether imposition of this requirement involved unlawful discrimination on the basis of second applicant's disability (infertility) – whether failure to obtain independent legal advice before imposing this requirement involved a failure to make a reasonable adjustment – Disability Discrimination Act 1992 (Cth), ss 5 and 6 WORDS AND PHRASES – "person aggrieved" – "reasonable adjustment"