Greenfield v Australia Catholic University [2010] NSWADT 104

CITATION: Greenfield v Australia Catholic University [2010] NSWADT 104

DIVISION: Equal Opportunity Division

APPLICANT Susanna Greenfield PARTIES: RESPONDENT Australian Catholic University

FILE NUMBER: 081131

HEARING DATES: 2 December 2009

DATE OF DECISION: 30 April 2010

BEFORE: Huntsman C - Judicial Member

CATCHWORDS: Application for dismissal on grounds case settled - solicitor's authority to settle

LEGISLATION CITED : Sections 102 Anti-Discrimination Act 1977; sections 74, 86, 86A, 88(1) and 105 Administrative Decisions Act 1977

Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353; Sebastian v Rail Infrastructure Corporation &Anor (EOD) [2006] NSWADTAP 44 Sebastian v Rail Infrastructure Corporation [2005] NSW ADT 281 CASES CITED: FvC,B and State of Queensland [2007] QADT 13 Wandel & Golterman GMBH & Co v Wandel Global Services Pty Ltd [2002] FCA 1609 Harvey v Phillips [1956] HCA 27; Owners Corporation Strata Plan 62285 and Ors v Betona Corporation (NSW) Pty Ltd and Ors [2006] NSWSC 216

APPLICANT S Friend, solicitor REPRESENTATION: RESPONDENT Mr Seck, Counsel, instructed by Carroll & O'Dea solicitors

1.The Complaint will be dismissed on 30 May 2010 if, before that date, the Respondent: (a) pays the settlement sum to the Applicant, and(b) provides written notification to the Applicant that the requirement to repay the student loan has been waived ( as per clause 2(b) of draft Deed of Release) ORDERS: 2.If the conditions in paragraph 1 are met, the Respondent is to provide the Tribunal with evidence to that effect prior to 30 May 2010. 3. If the conditions in paragraph 1 are not met, the matter is to be listed for further directions. 4.The application by the Respondent for an order that the Applicant pay the Respondent's costs relating to the application is refused.