Hanson v Burston [2022] FCA 1234

FEDERAL COURT OF AUSTRALIA Hanson v Burston [2022] FCA 1234 File number: NSD 1210 of 2020

Judgment of: BROMWICH J

Date of judgment: 19 October 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for strike out and/or summary dismissal of applicant's Amended Points of Claim (APOC) – whether the Court had jurisdiction to determine whether the respondent contravened s 94(1) of the Sex Discrimination Act 1984 (Cth) (SD Act) – whether the Court has jurisdiction under s 46PO(3) of the Australian Human Rights Commission Act 1986 (Cth) to determine some claims pleaded in the APOC that were not included in the applicant's complaint to the Australian Human Rights Commission – whether the applicant had reasonable prospects of success in relation to the entire claim in the originating application and APOC – where the Court has jurisdiction to determine a civil case of victimisation under s 94(1) of the SD Act – where some claims pleaded in APOC to be summarily dismissed or struck out, but balance of claims are arguable or struck out but allowed to be re-pleaded.

Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Australian Human Rights Commission Act 1986 (Cth) Pt IIB; ss 3(1), 3(1)(c), 3(1)(f), 46P, 46P(1B), 46PH(1), 46PH(2) 46PH(1B)(b), 46PO(1), 46PO(3), 46PO(4), 49B Criminal Code (Cth) Chapter 2 Disability Discrimination Act 1992 (Cth) s 42 Federal Court of Australia Act 1976 (Cth) ss 19(1), 31A, 31A(2), 31A(3) Human Rights and Equal Opportunity Commission Act 1986 (Cth) (repealed) Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) Judiciary Act 1903 (Cth) Pt X; ss 39B(1A)(c), 68, 79(1) Members of Parliament (Staff) Act 1984 (Cth) s 20(1) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) ss 3f (repealed), 4, 13A, 26, 28A - 28L, 28G(2), 47A (repealed), 80, 81, 82, 94, 94(1), 94(2), 94(2)(g), 105, 115 (repealed), Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) Explanatory Memorandum, Human Rights Legislation Amendment Bill (No. 1) 1999 (Cth) Explanatory Memorandum, Sex Discrimination and Other Legislation Amendment Act 1992 (Cth)