Murtough v NSW Bar Association (No 2) [2012] NSWADT 23

Murtough v NSW Bar Association (No 2) [2012] NSWADT 23

Given the applicant's financial situation, the complexity of damages assessment, and the potential for the applicant to be deprived of a remedy for damages, the Tribunal grants the application for a separate hearing on liability/remedies and damages; there is no practical reason for refusing the application.

Parties
Applicant: Christopher Murtough; Respondent: New South Wales Bar Association
Jurisdiction
Australia
Judgment Date
14 February 2012
Procedural Posture
Interlocutory Application / Order for Separate Determination of Liability/remedies and Damages
Outcome
Application for separate determination granted
Legal Topics
Disability Discrimination, Practising Certificate Suspension/refusal, Procedural Order for Separate Hearing
Equal Opportunity Anti Discrimination Disability Discrimination Practising Certificate Suspension/refusal Procedural Order for Separate Hearing

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Parties

Christopher Murtough

Applicant

New South Wales Bar Association

Respondent

Procedural Posture

Interlocutory Application / Order for Separate Determination of Liability/remedies and Damages

Legal Issues

  1. 1 Should the hearing on liability/remedies be determined separately from the hearing on damages in a disability discrimination complaint?
  2. 2 Does the conduct of the respondent in requiring bar examinations and refusing practising certificates breach the Anti-Discrimination Act 1977?

Ratio Decidendi

Given the applicant's financial situation, the complexity of damages assessment, and the potential for the applicant to be deprived of a remedy for damages, the Tribunal grants the application for a separate hearing on liability/remedies and damages; there is no practical reason for refusing the application.

Court Disposition

Application for separate determination granted

Orders

  • The questions of liability, and of remedies apart from damages, are to be determined separately and prior to the question of damages.
  • Matter listed for further case conference on 5 March 2012 at 3 pm.