Rossi v Qantas Airways Limited (No 2) [2020] FCA 1080

FEDERAL COURT OF AUSTRALIA

Rossi v Qantas Airways Limited (No 2) [2020] FCA 1080 File number: NSD 1549 of 2019

Judge: GLEESON J

Date of judgment: 31 July 2020

Catchwords: HUMAN RIGHTS – discrimination – application for leave to commence proceeding alleging unlawful discrimination in contravention of the Sex Discrimination Act 1984 (Cth) and the Disability Discrimination Act 1992 (Cth) – where a complaint of discrimination was terminated under s 46PF(1)(b) and s 46PH(1)(b) of the Australian Human Rights Commission Act 1986 (Cth) – consideration of matters affecting discretion to grant leave –whether proposed claims have reasonable prospects of success – whether it would be palpably unjust to grant leave in circumstances of lapse of time since relevant events – merit of case not demonstrated to be proportionate to time and resources likely to be consumed if leave granted – application for leave refused against second and third respondents – application for leave against first respondent adjourned pending determination of application to set aside settlement deed

Legislation: Accident Compensation Act 1985 (Vic) Australian Human Rights Commission Act 1984 (Cth) ss 46PF, 46PH, 46PO Civil Procedure Act 2010 (Vic) s 70 County Court Act 1958 (Vic) s 78 County Court Civil Procedure Rules 2018 (Vic) r 15.03 County Court Civil Rules of Procedure in Civil Proceedings 1999 (Vic) Order 15 Disability Discrimination Act 1992 (Cth) ss 3, 6, 24, 122 Human Rights Legislation Amendment Act 2017 (Cth) Sch 2 cl 53 Sex Discrimination Act 1984 (Cth) s 3