Wotton v State of Queensland [2009] FCA 758

Wotton v State of Queensland [2009] FCA 758

An application for an extension of time under s 46PO(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) does not itself meet the criteria for a representative proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth) in the absence of any substantial common issue of law or fact among group members. Therefore, provisions concerning representative proceedings, including approval for discontinuance under s 33V, do not apply, and the matter is simply an application by the named applicants in their personal capacity. Discontinuance with leave and a costs order against the applicants is appropriate, with declarations to ensure group members' rights are...

Jurisdiction
Australia
Judgment Date
17 July 2009
Procedural Posture
Application for Extension of Time and Purported Representative Proceeding / Application for Leave to Discontinue Proceedings and Costs Order
Outcome
Application for extension of time against second, third, fourth and fifth respondents dismissed. Applicants given leave to discontinue against first respondent. Applicants to pay respondents' costs up to and including 9 April 2009 on a party and party basis. Declaration made to protect rights of potential group...
Legal Topics
['representative Proceedings' 'extension of Time' 'discontinuance' 'costs' 'jurisdiction of Federal Court' 'unlawful Discrimination']
['federal Procedure' 'human Rights Law' 'discrimination Law'] ['representative Proceedings' 'extension of Time' 'discontinuance' 'costs' 'jurisdiction of Federal Court' 'unlawful Discrimination']

Case Brief

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Procedural Posture

Application for Extension of Time and Purported Representative Proceeding / Application for Leave to Discontinue Proceedings and Costs Order

Legal Issues

  1. 1 ['Whether application for extension of time under s 46PO(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) can be commenced as a representative proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth)' 'Whether s 33V of the Federal Court of Australia Act applies to the discontinuance of the proceedings' 'Whether substantial common issue of fact or law exists among group members for Pt IVA to apply' "Appropriate orders on discontinuance or dismissal to protect group members' rights" 'Whether costs should be ordered against the applicants']

Ratio Decidendi

An application for an extension of time under s 46PO(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) does not itself meet the criteria for a representative proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth) in the absence of any substantial common issue of law or fact among group members. Therefore, provisions concerning representative proceedings, including approval for discontinuance under s 33V, do not apply, and the matter is simply an application by the named applicants in their personal capacity. Discontinuance with leave and a costs order against the applicants is appropriate, with declarations to ensure group members' rights are...

Court Disposition

Application for extension of time against second, third, fourth and fifth respondents dismissed. Applicants given leave to discontinue against first respondent. Applicants to pay respondents' costs up to and including 9 April 2009 on a party and party basis. Declaration made to protect rights of potential group...

Orders

  • ['The applicants be granted leave to file a notice of discontinuance of the proceedings as against the first respondent.' 'The proceedings for an order allowing the applicants further time pursuant to s 46PO(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) to make the application for relief...