Trad v Jones (No 7) [2014] NSWCATAD 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trad v Jones (No 7) [2014] NSWCATAD 225 Hearing dates: 14 May 2014, 11 August 2014 and 21 August 2014 Decision date: 19 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President M Bolt, General Member Dr J Schneeweiss, General Member Decision: 1. The applicant's complaint of racial vilification against the first respondent in relation to the Schedule A broadcast is substantiated. 2. The applicant's complaint of racial vilification against the second respondent in relation to the Schedule A broadcast is substantiated. 3. The first and second respondents are to pay the applicant damages of $10,000. 4. If it has not already done so, the second respondent is to undertake a critical review of its 2005 programs and policies on the prevention of racial vilification with a view to developing and implementing revised programs and policies aimed at eliminating unlawful racial vilification. 5. The second respondent is to report to the Tribunal and Mr Trad within 6 months of the date of these reasons on the outcome of the review previously undertaken in compliance with the relevant order made by the Tribunal or the Appeal Panel or of the outcome of the review undertaken in compliance with order 4. 6. The Respondents are to pay the Applicant's costs thrown away by the adjournment of the hearing on 14 May 2014 such costs to be $15,000 or some other amount agreed between the parties. If the amount is not agreed, costs are to be assessed on a basis set out in Division 11 of Part 3.2 of the Legal Profession Act 2004. 7. The Respondents' application for costs thrown away by the adjournment of the hearing on 14 May 2014 is refused. Directions 1. Within 28 days of this decision each party is to file and serve any application for costs. 2. Within a further 14 days each party is to file and serve a response to any costs application. 3. Subject to considering any objection by either party, any application for costs is to be determined 'on the papers'. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL -racial vilification - broadcast by Alan Jones on Radio 2GB relating to Lebanese men - identification of audience - perception of audience -capacity of public act to incite ordinary member of that audience to hatred, serious contempt or severe ridicule of a person - meaning and applicability of exceptions - relief - costs Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Broadcasting Services Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Racial and Religious Tolerance Act 2001 (Vic) Cases Cited: Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16 Catch the Fires Ministries Inc v Islamic Council of Victoria Inc [2005] VSCA 284; (2006) 15 VR 207 Eatock v Bolt (2011) 179 FCR 261 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Jones and Harbour Radio Pty Limited v Trad (No 2) [2011] NSWADTAP 62 Jones v Trad [2013] NSWCA 389 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Category: Principal judgment Parties: Keysar Trad (Applicant) Alan Jones (First Respondent) Harbour Radio Pty Ltd (Second Respondent) Representation: Turner Freeman (Applicant) Baker & McKenzie (Respondents) File Number(s): 131126