Dennis v Smith [2024] NSWCATAD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dennis v Smith [2024] NSWCATAD 91 Hearing dates: On the papers Date of orders: 9 April 2024 Decision date: 09 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: (1) The Tribunal declines to deal with the application as it involves an exercise of federal jurisdiction. (2) The Tribunal has determined the matter without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: CONSTITUTIONAL LAW (Cth) – Whether the Tribunal has jurisdiction to hear and determine complaint – federal jurisdiction - where respondent raised constitutional claim of implied freedom of communication on political matters – whether s38S of the Anti-Discrimination Act 1977 imposes an unjustified burden on the implied freedom of political communication – whether the respondent's claim was genuinely raised – whether the respondents' claim was not capable on its face of legal argument. HUMAN RIGHTS – Transgender vilification. Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Act 2013 Judiciary Act 1903 Cases Cited: Blanch v Smith [2024] NSWCATAD 20 Burns v Corbett [2018] HCA 15; (2018) 265 CLR 304 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16; 96 ALJR 476 Texts Cited: None Category: Procedural rulings Parties: Riley Dennis (Applicant) Kirralie Smith (Respondent) Representation: Solicitors: Dentons Australia Ltd (Applicant) Solve Legal (Respondent) File Number(s): 2023/00240004 Publication restriction: N/A