Weller v Anderson [2021] FCA 503

Federal Court of Australia

Weller v Anderson [2021] FCA 503 File number: WAD 33 of 2020

Judgment of: MCKERRACHER J

Date of judgment: 13 May 2021

Catchwords: HUMAN RIGHTS – sexual harassment and discrimination – competing allegations and denials of conduct – whether the applicant has discharged the onus of proof

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH(1B)(b), 46PO(2), 46PO(3A)(c) Federal Court Rules 2011 (Cth) r 29.09 Sex Discrimination Act 1984 (Cth) ss 28A, 28B

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 28

Date of hearing: 21 April 2021

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: The Respondent appeared in person

ORDERS WAD 33 of 2020

BETWEEN: DAMON WELLER Applicant

AND: MICHAEL ANTHONY ANDERSON Respondent

order made by: MCKERRACHER J DATE OF ORDER: 13 May 2021

THE COURT ORDERS THAT:

1. The application be dismissed. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MCKERRACHER J:

INTRODUCTION 1 By originating application filed on 13 February 2020, the applicant claims that he has been the subject to unlawful discrimination under the Sex Discrimination Act 1984 (Cth) (SDA). He seeks compensation in the sum of $160,000 for loss of income over the last 2 years, future employment and 'severe mental health problems'. 2 On 18 December 2019, the Australian Human Rights Commission terminated a complaint commenced by the applicant on 2 May 2019. The Commission terminated the complaint pursuant to s 46PH(1B)(b) of the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) which provides that the President (or delegate) must terminate a complaint if satisfied that there is no reasonable prospect of the matter being settled by conciliation. Pursuant to s 46PO(3A)(c) of the AHRC Act, leave to commence proceedings in this Court is not required when a matter is terminated under s 46PH(1B)(b). 3 The applicant also seeks an extension of time in his originating application though it would appear that the 60 day time limit provided by s 46PO(2) of the AHRC Act expired on 18 February 2020 such that he filed a few days within time. So leave is not required.