Court v University of Western Sydney [2013] NSWADT 16

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Court v University of Western Sydney [2013] NSWADT 16 Hearing dates: 29 November 2012 (on the papers) Decision date: 24 January 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The application for summary dismissal is refused. 2. The following directions are made; a) By 1 March 2013, Ms Court is to file and serve a Points of Claim document setting out the legal basis for a complaint of indirect disability discrimination and any complaint of victimisation which accords with these reasons: b) If Ms Court fails to file and serve Points of Claim without reasonable excuse by 1 March 2013, the complaint will be dismissed on 2 March 2013; c) If Ms Court files and serves Points of Claim by 1 March 2013, the matter will be listed for a case conference at 2.30 pm on 6 March 2013. Catchwords: SUMMARY DISMISSAL - whether complaints, if proven, could amount to a contravention of the Anti-Discrimination Act 1977 - complaints of indirect disability discrimination and victimisation misconceived - further opportunity given to characterise complaints Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Cases Cited: Sullivan v State of NSW (NSW Police Force) [2009] NSWADT 2 Commissioner of Police, New South Wales Police Service v Orr (EOD) [2001] NSWADTAP 16 Razaghi v Director-General, NSW Department of Health & Anor [2001] NSWADT 4 Amery & Ors v State Of New South Wales (Director-General NSW Department of Education and Training) [2004] NSWCA 404 Australian Iron and Steel Pty Ltd v Banovic [1989] HCA 56; (1989) 168 CLR 165 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 New South Wales v Amery [2006] HCA 14; (2006) 80 ALJR 753 Perera v Civil Service Commission [1982] IRLR 147 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Category: Interlocutory applications Parties: Katherine Court (Applicant) University of Western Sydney (Respondent) Representation: Counsel K Eastman SC (Respondent) K Court (Applicant in person) Minter Ellison Lawyers (Respondent) File Number(s): 121057