Murtough v NSW Bar Association (No 2) [2012] NSWADT 23

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Murtough v NSW Bar Association (No 2) [2012] NSWADT 23 Hearing dates: 31 January 2012 Decision date: 14 February 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The questions of liability, and of remedies apart from damages, are to be determined separately and prior to the question of damages. 2. Matter listed for further case conference on 5 March 2012 at 3 pm. Catchwords: Application for hearing on questions of liability and damages to be separate -considerations for and against separate hearings Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004 Cases Cited: Abb v Freight Rail [1999] NSWSC 1037 McKenzie v Downing [2008] NSWSC 69 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 Category: Interlocutory applications Parties: Christopher Murtough (Applicant) New South Wales Bar Association (Respondent) Representation: Counsel P Lowson (Applicant) C Ronalds, SC (Respondent) Peter Baker, solicitor (Applicant) Marque Lawyers Pty Ltd (Respondent) File Number(s): 091125

REasons for decision

Introduction 1The applicant, a former barrister, has complained that the respondent, (the NSW Bar Association) has discriminated against him on the ground of disability: Anti-Discrimination Act 1977, s 49J. This decision responds to an application for an initial hearing on liability to be followed by a separate hearing on damages if the complaint is wholly or partly substantiated. The applicant is content for the primary remedy he seeks (an order granting him a conditional practising certificate as long as he is otherwise eligible for the grant of such certificate) to be determined at the liability hearing. However, because of the time and cost involved in preparing evidence to prove damages, he is seeking a separate hearing on that issue. The respondent opposes the application.