Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leach v Burston [2022] FCA 87 File number(s): NSD 1229 of 2021
Judgment of: HALLEY J
Date of judgment: 10 February 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for strike out and/or summary dismissal of applicant's Points of Claim (POC) – whether it is reasonably arguable that s 46PO(3) of the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) does not preclude the applicant from pursuing proceedings in this Court – whether it is reasonably arguable that the Court has jurisdiction to determine whether respondent contravened s 94(1) of the Sex Discrimination Act 1984 (Cth) (SD Act) – whether applicant's claims have a reasonable prospect of success – whether it is reasonably arguable that "acts, omissions or practices" (s 46PO(3)(b) of AHRC Act) are limited to events constituting alleged sexual harassment/discrimination – whether appropriate to determine s 46PO(3) of the AHRC Act and s 94(1) of the SD Act issues in interlocutory application – where Court satisfied it is reasonably arguable that Court has jurisdiction to hear complaint with regard to s 94 of the SD Act – where claims relating to s 28G(2) of the SD Act do not disclose arguable cause of action – s 28G(2) of the SD Act claims to be summarily dismissed/struck out, but balance of claims in POC are reasonably arguable – application otherwise dismissed
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 3, 46P, 46PH, 46PO Federal Court of Australia Act 1976 (Cth) ss 31A Federal Court Rules 2011 (Cth) rr 16.21, 26.01 Human Rights and Equal Opportunity Commission Act 1986 (Cth) Human Rights Legislation Amendment Act (No 1) 1999 (Cth) Members of Parliament (Staff) Act 1984 (Cth) s 20 Sex Discrimination Act 1984 (Cth) ss 4, 5, 9, 14, 22, 26, 28A, 28B, 28G, 28L, 94 Sex Discrimination and Other Legislation Amendment Act 1992 (Cth) Explanatory Memorandum, Sex Discrimination and Other Legislation Amendment Act 1992 (Cth) Explanatory Memorandum, Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 s 47A
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