NSW Caselaw
CITATION: JQ v Double Bay Out of School Hours Inc. (No. 2) [2010] NSWADT 257
DIVISION: Equal Opportunity Division
APPLICANT JQ PARTIES: RESPONDENT Double Bay Out of School Hours Inc.
FILE NUMBER: 081078, 091060
HEARING DATES: 16 March 2009, 29 May 2009, 4 February 2010, 5 February 2010, 19 March 2010
SUBMISSIONS CLOSED: 19 March 2010
DATE OF DECISION: 28 October 2010
BEFORE: Needham J SC - Deputy President; Gill M - Non-Judicial Member; Lowe A - Non-Judicial Member; O'Sullivan M - Non-Judicial Member
CATCHWORDS: Discrimination in provision of goods and services – marital status – whether shared care parenting responsibilities a characteristic of marital status of "divorced" – indirect discrimination. - Victimisation – marital status – damages – failure to mitigate damages – reduction of amount payable on basis of applicant's failure to act
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Disability Discrimination Act 1992 (Cth) Family Law Act 1975 (Cth)
Australian Iron and Steel Pty Ltd v. Banovic (1989) 168 CLR 165 Bear v. Norwood Private Nursing Home (1984) EOC 92-019 Bogie v. The University of Western Sydney [1990] EOC 92-313 Bonella & ors v. Wollongong City Council [2001] NSWADT 194 Carter v. Brown [2010] NSWADT 109 Catholic Education Office v. Clarke (2004) 138 FCR 121 Clarke v. Catholic Education Office (2003) 202 ALR 340 Commissioner of Police, NSW Police v Mooney (No. 3) [2004] NSWADTAP 22 Commonwealth v. Human Rights and Equal Opportunity Commission (1995) 63 FCR 63 Correy v. St Joseph's Hospital [2007] NSWADT 104 CASES CITED: Crewdson v. President, Anti-Discrimination Board of New South Wales [2000] NSWADT 60 Goode & Goode [2006] FamCA 1346 Hurst v Queensland [2006] 151 FCR 562 JQ v. Double Bay Out Of School Hours Inc. [2008] NSWADT 337 Lal v. President, Anti-Discrimination Board [2000] NSWADT 68 Queensland Health v. Forest (2008) 168 FCR 532 Sheikh v. Commissioner, NSW Fire Brigades (1996) EOC 92-808 Sivananthan v. Commissioner of Police, New South Wales Police Service [2001] NSWADT 44 Walker v. State of New South Wales (2003) NSWADT 13 Waters v. Public Transport Commission (1991) 173 CLR 349 Woods v. Wollongong City Council & Ors (1986) EOC 92-174
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