Federal Court of Australia
Federal Court of Australia
Trotta v Northern Health [2021] FCA 668 File number(s): VID 74 of 2021
Judgment of: KERR J
Date of judgment: 24 June 2021
Catchwords: HUMAN RIGHTS – application for leave to bring proceedings pursuant to s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth)
Legislation: Age Discrimination Act 2004 (Cth) Australian Human Rights Commission Act 1986 (Cth) ss 3, 46PF(1)(b), 46PH(1)(c), 46PO(3A)(a) Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 George v Fletcher (Trustee) (No 2) [2010] FCAFC 71 James v WorkPower Inc [2018] FCA 2083 Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460 Reurich v Sureway Employment and Training Pty Ltd [2018] FCA 680
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 87
Date of hearing: Determined on the papers
Counsel for the Applicant: Applicant appeared in person
Counsel for the Respondents: Ms R Sion
Solicitor for the Respondents: Northern Health
ORDERS VID 74 of 2021
BETWEEN: JOSEPH TROTTA Applicant
AND: NORTHERN HEALTH First Respondent
DR VICTOR DUONG Second Respondent
DR CINDY BACH (and others named in the Schedule) Third Respondent
order made by: KERR J DATE OF ORDER: 24 June 2021
THE COURT ORDERS THAT:
1. The Applicant's Interlocutory Application for leave to bring proceedings pursuant to s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) be dismissed. 2. The Applicant pay the costs of the First Respondent in the sum of $3,000.00 but otherwise there be no orders as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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