Lancaster -V- Vice Chancellor, Macquarie University [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Lancaster -V- Vice Chancellor, Macquarie University [1996] NSWEOT

COMPLAINANT: Ms Judith Lancaster

RESPONDENT: Vice Chancellor, Macquarie University

NUMBER: 134 of 1995

Mr. Peter King ( Judicial Member ) TRIBUNAL: Ms. Merilyn Alt Ms. Laura Mooney

GROUNDS OF COMPLAINT: Sex Discrimination

DATES OF HEARING: 09/18/1996 DATE OF JUDGMENT: 09/18/1996

Complainant: Ms. M Bateman (Counsel)

LEGAL REPRESENTATIVES: Respondent: Minter Ellison (Solicitors) Ms. J Oakley (Counsel)

JUDGMENT IN FAVOUR OF:

In this matter the Respondent has brought an application pursuant to s.111 of the Anti-Discrimination Act (1977) seeking an order dismissing the complaint. The complaint, which is set out in detail in a commendably and clearly pleaded document entitled Amended Points of Claim together with a Schedule of Further Amendments, relies upon the ground of sexual discrimination pursuant to s.24 of the Anti-Discrimination Act (1977) as it then applied as the ground of unlawful conduct.

It is firstly put by the Respondent that certain matters in paragraph 8 of the Points of Claim as Amended, have been raised which were not the subject of the reference by the Anti-Discrimination Board so that the Tribunal lacks jurisdiction in respect of them, and that having regard to the fact that the incidents referred to relate to matters occurring as long ago as 1983 during legal studies at Macquarie University undertaken by the Complainant, that it would be inappropriate to deal with the matters in these proceedings now, for example, by adjournment and reference back. The Complainant stated that these allegations were relied upon in support of her claim of indirect discrimination and not as a separate matter.