Connor v State of Queensland (Department of Education and Training) [2017] FCA 1060

Connor v State of Queensland (Department of Education and Training) [2017] FCA 1060

The test for transfer under s 32AB is discretionary and, while the Federal Circuit Court may be less expensive, the applicant's forum choice is permitted and, with no issues of general importance requiring retention by the Federal Court, and considering the circumstances, it is not in the interests of the administration of justice to transfer. Peter Connor should be appointed as litigation representative for the applicant, with service dispensed with given his incapacity and age.

Parties
Applicant: Beau Connor (by his litigation representative Peter Connor); First Respondent: State of Queensland (Department of Education and Training); Second Respondent: Simon Boss-Walker
Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Originating Application (disability Discrimination Complaint) / Interlocutory (applications for Appointment of Litigation Representative and Transfer to Federal Circuit Court)
Outcome
Application to appoint litigation representative granted; application to transfer to Federal Circuit Court dismissed; costs reserved.
Legal Topics
Disability Discrimination, Litigation Representative Appointment, Transfer of Proceedings, Civil Procedure
Administrative and Constitutional Law Human Rights Law Disability Discrimination Litigation Representative Appointment Transfer of Proceedings Civil Procedure

Case Brief

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Parties

Beau Connor (by his litigation representative Peter Connor)

Applicant

State of Queensland (Department of Education and Training)

First Respondent

Simon Boss-Walker

Second Respondent

Procedural Posture

Originating Application (disability Discrimination Complaint) / Interlocutory (applications for Appointment of Litigation Representative and Transfer to Federal Circuit Court)

Legal Issues

  1. 1 Whether to appoint Peter Connor as litigation representative for the applicant
  2. 2 Whether to transfer the proceeding to the Federal Circuit Court of Australia

Ratio Decidendi

The test for transfer under s 32AB is discretionary and, while the Federal Circuit Court may be less expensive, the applicant's forum choice is permitted and, with no issues of general importance requiring retention by the Federal Court, and considering the circumstances, it is not in the interests of the administration of justice to transfer. Peter Connor should be appointed as litigation representative for the applicant, with service dispensed with given his incapacity and age.

Court Disposition

Application to appoint litigation representative granted; application to transfer to Federal Circuit Court dismissed; costs reserved.

Orders

  • Peter Connor appointed as litigation representative for the applicant.
  • Applicant's title amended to 'Beau Connor (by his litigation representative Peter Connor)'.