Federal Court of Australia
Federal Court of Australia
Clarke v South Eastern Sydney Local Health District [2020] FCA 1616 Appeal from: Application for leave to appeal from: Clarke v Nursing and Midwifery Council New South Wales [2019] FCA 1782
File numbers: NSD 1880 of 2019 NSD 1881 of 2019 NSD 1882 of 2019
Judgment of: ABRAHAM J
Date of judgment: 6 November 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal decision of the primary judge refusing leave to commence proceedings under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) – whether sufficient doubt to warrant the grant of leave – whether error in primary judge's reasons and orders reasonably arguable – no error made out – application dismissed
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PO, 46PH Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) s 37M Racial Discrimination Act 1975 (Cth) Federal Court Rules 2011 (Cth) rr 16.21(1)(b), (d), (f)
Cases cited: Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125; (2019) 371 ALR 545 Bellamy's Australia Limited v Basil [2019] FCAFC 147 BPL20 v Minister for Home Affairs [2020] FCA 1207 Budini v Sunnyfield [2019] FCA 2164 Carr v Finance Corporation of Australia Ltd (No 1) [1981] HCA 20; (1981) 147 CLR 246 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 EBT17 v Minister for Home Affairs [2019] FCA 200 House v The King (1936) 55 CLR 499 James v WorkPower Inc [2018] FCA 2083 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; (2000) 104 FCR 564 Jones v Westpac Banking Corporation [2020] FCA 238 King v Lintrose Nominees Pty Ltd [2001] VSCA 140; (2001) 4 VR 619 Matthews v Markos [2019] FCA 1827 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Nationwide News Pty Limited v Rush [2018] FCAFC 70 Ryan v Commissioner of Police, New South Wales Police Force [2019] FCA 1607 Rossi v Qantas Airways Ltd (No 2) [2020] FCA 1080 Samsung Electronics Co. Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Snowside Pty Ltd as trustee for the Snowside Trust, in the matter Boart Longyear Ltd [2019] FCA 2159 Wilson v Britten-Jones (No 2) [2020] FCA 1290
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