Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Matthews v Markos [2019] FCA 1827 File number: NSD 598 of 2019
Judge: ABRAHAM J
Date of judgment: 7 November 2019
Catchwords: HUMAN RIGHTS – application for leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) – where Australian Human Rights Commission terminated the complaint primarily on the basis that it was filed more than 12 months after the alleged discrimination took place – whether application arguable and not fanciful – delay not such as to render it inappropriate to grant leave – leave granted nunc pro tunc
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PO, 46PO(1), 46PO(3A)(a), 46PF(1)(b), 46PH(1)(b) Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) r 1.32 Sex Discrimination Act 1984 (Cth) ss 14, 17
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 Barnes v Fortytwo International Pty Ltd [2010] FCAFC 87 Comcare v A'Hearn [1993] FCA 498; (1993) 45 FCR 441 Commissioner of Fire Brigades (New South Wales) v Lavery [2005] NSWSC 268 Emanuele v Australian Securities Commission (1997) 188 CLR 114 Graham Douglas Cockerill & Ors v Westpac Banking Corporation [1997] FCA 241 HFGC Nominees (No 2) Pty Ltd v Hancock as Liquidator of 246 Arabella Investments Pty Ltd (in Liquidation) [2010] FCA 1005 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 James v WorkPower Inc [2018] FCA 2083 Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460 University of Wollongong v National Tertiary Education Industry Union [2002] FCAFC 85
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