Southey v Australian Press Council [2023] NSWCATAD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Southey v Australian Press Council [2023] NSWCATAD 145 Hearing dates: 28 March 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member K Stubbs, General Member Decision: (1) The proceedings in 2022/00295291 is dismissed pursuant to s55(1)(b) of the Civil and Administrative Tribunal Act 2013. (2) The remainder of the Respondent's interlocutory application made on 13 February 2023 is dismissed. Catchwords: PRACTICE AND PROCEDURE – summary dismissal of proceedings under s55(1)(b) of the Civil and Administrative Act 2013 – whether the applicant's discrimination claims are frivolous or vexatious or otherwise misconceived or lacking in substance. HUMAN RIGHTS – discrimination – on the ground of transgender – provisions of goods and services Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Act 2013 Cases Cited: Australian Iron and Steel Pty. Ltd. v. Banovic (1989) 168 CLR 165 Hall v A & A Sheiban Pty Ltd [1989] FCA 72; (1989) 20 FCR 217 Seventh Day Adventist Church (North NSW Conference) Ltd v Seupule-Feau [2016] NSWCATAP 256 Southey v Australian Press Council [2022] NSWCATAD 348 Southey v Australian Press Council Inc [2021] NSWCATAD 329 Australian Press Council Inc v Southey [2021] NSWCATAP 9 Waters v Public Transport Corporation [1991] HCA 49; 173 CLR 349 Texts Cited: None cited Category: Procedural rulings Parties: Claire Southey (Applicant) Australian Press Council Inc (Respondent) Representation: Counsel: C Ronalds AO SC (Respondent)