Foundas v The Law Society of New South Wales [2019] NSWCATAD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foundas v The Law Society of New South Wales [2019] NSWCATAD 198 Hearing dates: 3 September 2019 Date of orders: 25 September 2019 Decision date: 25 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: (1) Leave to proceed with the complaint under section 96 of the Anti-Discrimination Act 1977 (NSW) is refused. Catchwords: EQUAL OPPORTUNITY — leave required for complaint to proceed — principles applying to grant of leave EQUAL OPPORTUNITY — disability discrimination – provision of services Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388 King v University of Notre Dame Australia [2017] NSWCATAD 58 Category: Procedural and other rulings Parties: Cassiani Foundas (Applicant) The Law Society of New South Wales (Respondent) Representation: Counsel: E Raper (Respondent)

Solicitors: Applicant (Self-Represented) The Law Society of New South Wales (Respondent) File Number(s): 2019/00223309 Publication restriction: Nil

REASONS FOR DECISION 1. These proceedings concerned an application by Mrs Cassiani Foundas for leave to proceed with a complaint before the Tribunal under section 96 of the Anti-Discrimination Act 1977 (ADA). 2. On 22 February 2019, Mrs Cassiani Foundas lodged a complaint with the President of the Anti-Discrimination Board (the President) alleging that she had been discriminated against by The Law Society of New South Wales in the provision of goods and services, on the grounds of disability by association, that is, because of her husband's disability of mental illness. The President declined Mrs Foundas' complaint (the Complaint) on the ground that the complaint was lacking in substance: s 92(1)(a)(i) of the ADA. As a consequence, the Complaint may not be the subject of proceedings before the Tribunal without leave of the Tribunal: s 96(1) of the Act. 3. For the reasons that follow, I have decided not to grant leave for the Complaint to proceed before the Tribunal.