Federal Court of Australia
Federal Court of Australia
Ahmad v MPA Engineering Pty Ltd (Subsidiary of Aquatec Maxcon Group Ltd) [2022] FCA 236 Appeal from: Ahmad v MPA Engineering Pty Ltd (Subsidiary of Aquatec Maxcon Group Ltd) (No 3) [2021] FCCA 2145
File number(s): NSD 921 of 2021
Judgment of: PERRY J
Date of judgment: 18 March 2022
Catchwords: HUMAN RIGHTS – Australian Human Rights Commission Act 1986 (Cth) – whether applicant should be granted extension of time and leave to appeal from the Federal Circuit Court (FCC) – where applicant lodged complaint of racial discrimination with the Australian Human Rights Commission (Commission) – where Commission terminated applicant's complaint under s 46PH(1B)(a) of the Australia Human Rights Commission Act because complaint was misconceived and/or lacking in substance – where FCC refused to grant applicant leave to proceed under s 46PO(3A) – where FCC held application and statement of claim failed to disclose comprehensible case of unlawful discrimination – where allegations of racial discrimination did not rise above bare assertion – where it is not arguable even from a reasonably impressionistic perspective that the primary judge erred in refusing leave to proceed under s 46PO(3A) – application dismissed
Legislation: Constitution s 51(xxix) Australian Human Rights Commission Act 1986 (Cth) ss 46PH(1B)(a), 46PO(3A) Federal Circuit Court of Australia Act 1999 (Cth) (repealed) ss 3(2)(a), 42, 50(1) Racial Discrimination Act 1975 (Cth) Federal Circuit Court Rules 2001 (Cth) (repealed) rr 2.04, 41.02A
Cases cited: Ahmad v MPA Engineering Pty Ltd (Subsidiary of Aquatec Maxcon Group Ltd) [2021] FCCA 801 Ahmad v MPA Engineering Pty Ltd (Subsidiary of Aquatec Maxcon Group Ltd) (No 2) [2021] FCCA 1475 Ahmad v MPA Engineering Pty Ltd (Subsidiary of Aquatec Maxcon Group Ltd) (No 3) [2021] FCCA 2145 Decor Corp Pty Ltd v Dart Industries Inc [1991] FCA 655; (1991) 33 FCR 397 Horta v Commonwealth [1994] HCA 32; (1994) 181 CLR 183 House v The King [1936] HCA 40; (1936) 55 CLR 499 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 James v WorkPower Inc [2018] FCA 2083 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 MZABP v Minister for Immigration and Border Protection [2016] FCAFC 110; (2016) 152 ALD 478 SZSPR v Minister for Immigration and Border Protection [2013] FCA 1210; (2013) 139 ALD 109
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate