Patrick v The Martinez HWL Practice trust t/as HWL Ebsworth Lawyers [2017] NSWCATAD 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Patrick v The Martinez HWL Practice trust t/as HWL Ebsworth Lawyers [2017] NSWCATAD 277 Hearing dates: 8 August 2017 Date of orders: 15 September 2017 Decision date: 15 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: Application to amend the complaint, to include the period before 12 February 2015, is refused. Catchwords: HUMAN RIGHTS – Equal Opportunity – Power of tribunal to amend a complaint under s 103 of the Anti-discrimination act 1977

STATUTORY CONSTRUCTION – interpreting conflicting provisions within a statute

PRACTICE AND PROCEDURE - application of the "guiding principle" under the Civil and Administrative Decisions Act 2013 (NSW) Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Decisions Act 2013 (NSW) Cases Cited: Lee v Minister for Immigration and Citizenship [2007] FCAFC 62 (2007) 159 FCR 181 Mihnyak v Woolworths Limited [2012] NSWADT 219 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Ross v The Queen [1979] HCA 29; (1979) 141 CLR 432 The Commissioner of Stamps (SA) v Telegraph Investment Co Pty Ltd [1995] HCA 44; (1995) 184 CLR 453 at 479 Thompson v Rail Corporation NSW [2008] NSWADT 329 Texts Cited: DC Pearce and RS Geddes "Statutory Interpretation in Australia" (8th ed, 2014) Category: Procedural and other rulings Parties: Elizabeth Patrick (applicant) The Martinez HWL Practice trust t/as HWL Ebsworth Lawyers (first respondent) Juan Martinez (second respondent) Michael Bowyer (third respondent) Nicholas Matkovich (fourth respondent) Representation: Applicant (self-represented)