Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Douthie v Commonwealth of Australia [2022] FCA 720 File number: WAD 270 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 22 June 2022
Catchwords: HUMAN RIGHTS - alleged sex discrimination - application for leave to commence proceeding alleging unlawful discrimination in contravention of the Sex Discrimination Act 1984 (Cth) - manner in which child support payments assessed by Services Australia - where a complaint of discrimination was terminated under s 46PH(1B)(a) of the Australian Human Rights Commission Act 1986 (Cth) as lacking in substance - consideration of matters affecting discretion to grant leave -application for leave refused
Legislation: Australian Human Right Commission Act 1986 (Cth) ss 46P, 46PH, 46PO Child Support (Assessment) Act 1989 (Cth) s 46, Part 5 Division 4, Part 6A Child Support (Registration and Collection) Act 1988 (Cth) ss 71, 71A, 71C, 72, 80, 80A Sex Discrimination Act 1984 (Cth) s 5
Cases cited: James v WorkPower Inc [2018] FCA 2083 Wilson v Britten-Jones (No 2) [2020] FCA 1290
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 63
Date of hearing: 16 June 2022
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Ms LB Black with Ms NE Burn
Solicitor for the Respondent: HBA Legal
ORDERS WAD 270 of 2021
BETWEEN: LYLE GREGORY DOUTHIE Applicant
AND: COMMONWEALTH OF AUSTRALIA Respondent
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