Cavanagh v School of Nursing and Midwifery, University of Notre Dame [2021] FCA 300

Federal Court of Australia

Cavanagh v School of Nursing and Midwifery, University of Notre Dame [2021] FCA 300 File number: WAD 296 of 2020

Judgment of: MCKERRACHER J

Date of judgment: 30 March 2021

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 is terminated in the Human Rights Commission because the President's delegate is not satisfied that continuation of an inquiry into the complaint is warranted – consideration of principles relevant to the Court's exercise of discretion to grant leave – whether application is reasonably arguable and at least not fanciful Held: Leave refused

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PO, 46PO(3A)(a), 46PH(1)(c)

Cases cited: James v WorkPower Inc [2018] FCA 2083 Owen v Serendipity (WA) Pty Ltd t/as Advanced Personnel Management [2020] FCA 1826

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 18

Date of hearing: 4 March 2021

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: The Respondent did not appear

ORDERS WAD 296 of 2020

BETWEEN: MICHAEL CAVANAGH Applicant

AND: SCHOOL OF NURSING AND MIDWIFERY, UNIVERSITY OF NOTRE DAME Respondent

order made by: MCKERRACHER J DATE OF ORDER: 30 MARCH 2021

THE COURT ORDERS THAT:

1. Leave to commence this proceeding, which is otherwise barred by operation of s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth), is refused. 2. Unless the respondent applies within 10 days from the date of these orders for its costs, there be no order as to costs. 3. If the respondent does apply for its costs pursuant to order 2, it is to file and serve submissions within 10 days not exceeding three pages; the applicant will have 10 days thereafter to file submissions in response, with any such costs application to be heard and resolved on the papers, unless the Court orders otherwise. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.