Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
James v WorkPower Inc [2018] FCA 2083 File number: VID 417 of 2018
Judge: MORTIMER J
Date of judgment: 21 December 2018
Catchwords: HUMAN RIGHTS – application for leave to commence proceeding otherwise barred by operation of s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) – where complaint to Australian Human Rights Commission terminated on the basis it was misconceived or lacking substance – consideration of principles relevant to Court's exercise of discretion to grant leave – whether application arguable and not fanciful – leave granted
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46P, 46P(1A), 46PH(1), 46PH(1B), 46PH(1C), 46PO(1), 46PO(3), 46PO(3A) Evidence Act 1995 (Cth) s 76 Disability Discrimination Act 1992 (Cth) s 47(1)(c) Federal Court of Australia Act 1976 (Cth) ss 23, 24(1A), 37AR, 37N, 37M Federal Court Rules 2011 (Cth) rr 1.32, 10.43(2), 24.01
Cases cited: DJS16 v Minister for Immigration and Border Protection [2018] FCA 2037 Eastman v Shamrock Consultancy Pty Ltd [2018] FCCA 3436 Kaur v Minister for Immigration and Border Protection [2015] FCA 584; 233 FCR 507 Nojin v Commonwealth of Australia [2012] FCAFC 192; 208 FCR 1 Stepien v Department of Human Services [2018] FCA 1062
Date of hearing: Determined on the papers
Date of last submissions: 4 December 2018
Registry: Victoria
Division: General Division
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