Picos v Australian Federal Police [2015] FCA 118

FEDERAL COURT OF AUSTRALIA

Picos v Australian Federal Police [2015] FCA 118 Citation: Picos v Australian Federal Police [2015] FCA 118

Parties: CONNIE LOUISE PICOS v AUSTRALIAN FEDERAL POLICE

File number: NSD 785 of 2014

Judge: PERRY J

Date of judgment: 24 February 2015

Catchwords: HUMAN RIGHTS – Where respondent seeks application for summary dismissal on the grounds of lack of jurisdiction – Whether statutory preconditions for the Court to entertain a claim of unlawful discrimination under the Sex Discrimination Act 1984 (Cth) satisfied – Whether communication from the Australian Human Rights Commission amounts to termination of a complaint for the purposes of s 46PO of the Australian Human Rights Commission Act 1986 (Cth) – Where the process prescribed by the Australian Human Rights Commission Act 1986 (Cth) is an exclusive regime for remedying contraventions of (relevantly) the Sex Discrimination Act 1984 (Cth) PRACTICE AND PROCEDURE - Where applicant seeks leave to amend originating application by including additional claims and amending relief sought – Whether additional claims fall within original or accrued federal jurisdiction – Whether amendments would "cure" lack of jurisdiction in unlawful discrimination claim – Whether amendments should be permitted in exercise of discretion PRACTICE AND PROCEDURE – Where applicant seeks disqualification of judicial officer on the grounds of apprehended bias/bias– Where applicant makes allegations of fraud on the part of legal representatives in separate proceedings – Where judicial officer does not permit allegations of fraud from the Bar table on a directions hearing in a matter docketed to another judge - Where application for disqualification refused on the basis that a fair-minded lay observer would not apprehend bias