Lu v University of New South Wales (No 2) [2022] FCA 1010

Federal Court of Australia

Lu v University of New South Wales (No 2) [2022] FCA 1010 File number: NSD 6 of 2022

Judgment of: KATZMANN J

Date of judgment: 15 September 2022

Catchwords: HUMAN RIGHTS — application for remedies for alleged unlawful discrimination — where applicant complained to Australian Human Rights Commission of unlawful discrimination by respondent on grounds of disability, race, sex and marital status and of victimisation — where, after inquiries were made, the complaint was terminated under s 46PH(1)(c) of the Australian Human Rights Commission Act 1986 (Cth) on the ground that the continuation of an inquiry was not warranted — where s 46PO(3A)(a) provides that an application must not be made unless the court grants leave to do so, whether leave should be granted PRACTICE AND PROCEDURE — multiple adjournment applications — where applicant had supplied medical certificates certifying that she was unfit for school/work on account of an unidentified medical condition, whether adjournment should be granted —where, after repeated efforts to derail the hearing, applicant applied for an adjournment to return home to her 12 year old son and an adjournment on that account was refused, applicant claimed to be too unwell to continue, whether hearing should be aborted

Legislation: Age Discrimination Act 2004 (Cth) ss 16, 27 Australian Human Rights Commission Act 1986 (Cth) ss 8, 19, 46PF, 46PH, 46PO Disability Discrimination Act 1992 (Cth) ss 10, 16, 23, 42 Federal Court of Australia Act 1976 (Cth) s 37M Racial Discrimination Act 1975 (Cth) ss 9, 10, 11, 18, 18C Sex Discrimination Act 1984 (Cth) ss 5-8, 18, 94 Government Information (Public Access) Act, 2009 (NSW) Inclosed Lands Protection Act 1901 (NSW)