Abbott Australasia Pty Ltd v Human Rights & Equal Opportunity Commission [1999] FCA 427

Abbott Australasia Pty Ltd v Human Rights & Equal Opportunity Commission [1999] FCA 427

The Court held that the Commission had power under s62 of the Sex Discrimination Act 1984 to join Abbott and Stephenson as parties to the inquiry (but not as 'respondent' or 'complainant' respectively), and that Einfeld J erred in substituting Stephenson as the complainant. The identity of the complainant is fixed by the original complaint, and while representation may be permitted, complainant status does not transfer absent proper amendment. Orders 4 and 5 of Einfeld J were to be deleted, appeal otherwise dismissed.

Jurisdiction
Australia
Judgment Date
14 April 1999
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court
Outcome
Appeal allowed in part; varied orders
Legal Topics
['sex Discrimination' 'complaint Survival on Death of Complainant' 'joinder of Parties' 'standing of Personal Representatives' 'powers of Human Rights & Equal Opportunity Commission']
['human Rights Law' 'anti Discrimination Law' 'administrative Law'] ['sex Discrimination' 'complaint Survival on Death of Complainant' 'joinder of Parties' 'standing of Personal Representatives' 'powers of Human Rights & Equal Opportunity Commission']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court

Legal Issues

  1. 1 ['Whether the Human Rights & Equal Opportunity Commission had power to join Abbott Australasia Pty Ltd and Lydia Stephenson as parties to the inquiry under s62 of the Sex Discrimination Act 1984' "Whether Stephenson could or should be treated as the 'complainant' for the purposes of the inquiry following the death of Alyschia Dibble" 'Whether Commissioner Evatt and Einfeld J erred in their various orders regarding joinder and complainant status']

Ratio Decidendi

The Court held that the Commission had power under s62 of the Sex Discrimination Act 1984 to join Abbott and Stephenson as parties to the inquiry (but not as 'respondent' or 'complainant' respectively), and that Einfeld J erred in substituting Stephenson as the complainant. The identity of the complainant is fixed by the original complaint, and while representation may be permitted, complainant status does not transfer absent proper amendment. Orders 4 and 5 of Einfeld J were to be deleted, appeal otherwise dismissed.

Court Disposition

Appeal allowed in part; varied orders

Orders

  • ['Orders made by Einfeld J on 31 July 1998 are varied by deleting orders 4 and 5.' 'Otherwise the appeal is dismissed.' 'Abbott Australasia Pty Limited to pay Lydia Stephenson her costs of the appeal.']