Federal Court of Australia
Federal Court of Australia
Ferguson v Tasmanian Cricket Association (trading as Cricket Tasmania) (No 3) [2022] FCA 1269 File number: VID 697 of 2021
Judgment of: BROMBERG J
Date of judgment: 27 October 2022
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to lodge an application alleging unlawful discrimination by the respondent relying on s 46PO(2) of Australian Human Rights Commission Act 1986 (Cth) – Sex Discrimination Act 1984 (Cth) – where applicant alleges sexual harassment by four employees of the respondent – relevant legal principles on an extension of time application discussed – where applicant's delay is lengthy (34 months) – whether prejudice to respondent and to third parties – whether sufficient explanation of the delay provided by applicant – where applicant asserted that the delay was explained by her mental health conditions and fear of reliving the trauma of the alleged sexual harassment – whether the applicant's proposed proceeding has some prospect of success – application dismissed. EVIDENCE – ss 75, 76, 78, 79, 136 of Evidence Act 1995 (Cth) – whether evidence of medical opinions sought to be tendered through the applicant's evidence of what practitioners had told her was admissible as evidence of the applicant's mental health conditions.
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PO, 46PH Evidence Act1995 (Cth) ss 75, 76, 78, 79, 136 Migration Act 1958 (Cth) s 477A Sex Discrimination Act 1984 (Cth) s 28A
Cases cited: AON15 v Minister for Immigration and Border Protection [2018] FCA 373 HG v The Queen (1999) 197 CLR 414 James v WorkPower Inc [2018] FCA 2083 Lithgow City Council v Jackson (2011) 244 CLR 352 Terranora Group Management Pty Ltd v Terranora Lakes Country Club Ltd (in liq) (unreported, NSWSC, Santow J, 1 December 1997) Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28
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