Federal Court of Australia
Federal Court of Australia
Owen v Serendipity (WA) Pty Ltd t/as Advanced Personnel Management [2020] FCA 1826 File number: WAD 203 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 21 December 2020
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 Held: Leave refused
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PF(1)(b), 46PH(1B)(a), 46PO(1), 46PO(2), 46PO(3A), 46PO(3A)(a) Disability Discrimination Act 1992 (Cth) ss 5, 6
Cases cited: Budini v Sunnyfield [2019] FCA 2164 James v WorkPower Inc [2018] FCA 2083 Jones v Westpac Banking Corporation [2020] FCA 238 Matthews v Markos [2019] FCA 1827 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Rossi v Qantas Airways Limited (No 2) [2020] FCA 1080
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 31
Date of hearing: 5 November 2020
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: The Respondent was excused from appearing
ORDERS WAD 203 of 2020
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