Braiding v Charles Sturt University [2015] NSWCATAD 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Braiding v Charles Sturt University [2015] NSWCATAD 242 Hearing dates: 29 September 2015 Date of orders: 20 November 2015 Decision date: 20 November 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: 1. Allegation 3, that the Respondent breached s 52 of the Anti-Discrimination Act 1977 (NSW), is dismissed. 2. The applicant's application to amend the complaint to add Points 1, 2, 3, 4, 5(a) and (b), 6, 7 (a) and (b), 8(a), (b) and (c), 9 and 10 of the Points of Claim document is refused. 3. Within 3 weeks of the date of these reasons the applicant is to file Amended Points of Claim in accordance with these reasons. 4. The matter is listed for a case conference at 2 pm on 16 December 2015. Catchwords: JURISDICTION – content of complaint referred by President of Anti-Discrimination Board to Tribunal – no exercise of discretion by President to decline any part of the complaint – whether whole of original complaint referred PRACTICE AND PROCEDURE – application to amend complaint to include additional complaints – relevant considerations Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 89B, 92, 102, 103 Cases Cited: Commonwealth v Human Rights and Equal Opportunity Commission (1998) 152 ALR 182 Deva v University of Western Sydney [2008] NSWCA 137 Elliott v Nanda (2001) 11 FCR 240) Horne v Press Clough Joint Venture (1994) EOC 92-556 IW v City of Perth [1997] HCA 30; (1997) 146 ALR 696 at 702; Molony v Golden Ponds Corporation Pty Ltd (1995) EOC 92-674) Sydney University Post Graduate Representative Association v Minister for Transport Services [2006] NSWADT 83 Texts Cited: Rees Rice and Allen, Australian Anti-Discrimination Law (2nd ed 2014, The Federation Press) Category: Procedural and other rulings Parties: Gerard Braiding (Applicant) Charles Sturt University (Respondent) Representation: Applicant (self-represented)