Cairns v ANZ Banking Group Limited [2018] NSWCATAD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cairns v ANZ Banking Group Limited [2018] NSWCATAD 138 Hearing dates: 30 and 31 March 2017; 12 May 2017; 17 and 18 July 2017 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: R Perrignon, Senior Member Dr M Murray, General Member Decision: 1. The complaints of direct and indirect discrimination against the first respondent are dismissed.

2. The complaints of direct and indirect discrimination against the second respondent are dismissed.

3. The complaint that the first respondent aided and abetted the second respondent to breach the Anti-Discrimination Act 1997 is dismissed.

4. The parties are to file and serve applications for costs, if any, with supporting submissions, by 14 July 2018.

5. Grant leave to file and serve any submissions in reply by 28 July 2018. Catchwords: HUMAN RIGHTS - discrimination in provision of marketing services – both applicants of New Zealand nationality and origin – first respondent marketed second respondent's life insurance to first applicant - whether direct discrimination on grounds of race – whether indirect discrimination

HUMAN RIGHTS - discrimination in provision of insurance services –second respondent issued life insurance policy to both applicants - exclusion clause enabled insurer to decline benefit unless insured held Australian citizenship or permanent residency visa - whether direct discrimination on grounds of race - whether indirect discrimination