Jones v Westpac Banking Corporation [2020] FCA 238

Jones v Westpac Banking Corporation [2020] FCA 238

Leave was refused because the applicant identified no rational factual basis for a reasonably arguable case linking Westpac's conduct to race, sex or disability. Westpac's explanation that services were withdrawn for commercial and risk concerns based on fraud claims was facially plausible and consistent with the applicant's own evidence. Restrictions connected to South Africa applied geographically rather than racially, identity verification steps were unsurprising given fraud concerns, and the account closure was not shown to be clandestine. The sex and disability claims were also not reasonably arguable because the applicant never lodged a completed Unfit to Work claim and Westpac was...

Jurisdiction
Australia
Judgment Date
03 March 2020
Procedural Posture
Application for Leave Under S 46 Po(3 A) of the Australian Human Rights Commission Act 1986 (cth) to Make an Application Alleging Unlawful Discrimination / Leave Application After Termination of Complaint by the Australian Human Rights Commission
Outcome
Leave to make an application to the Federal Court under s 46PO(3A) was refused; the intended application was dismissed with no order as to costs. The Court also concluded there was no proper basis to grant leave for a private prosecution for alleged perjury.
Legal Topics
['race Discrimination' 'sex Discrimination' 'disability Discrimination' 'leave to Apply to the Federal Court After AHRC Termination' 'reasonable Prospects of Success' 'private Prosecution for Alleged Perjury']
['human Rights' 'discrimination Law' 'administrative and Constitutional Law and Human Rights'] ['race Discrimination' 'sex Discrimination' 'disability Discrimination' 'leave to Apply to the Federal Court After AHRC Termination' 'reasonable Prospects of Success' 'private Prosecution for Alleged Perjury']

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Procedural Posture

Application for Leave Under S 46 Po(3 A) of the Australian Human Rights Commission Act 1986 (cth) to Make an Application Alleging Unlawful Discrimination / Leave Application After Termination of Complaint by the Australian Human Rights Commission

Legal Issues

  1. 1 ['Whether leave should be granted under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth).' "Whether the applicant had a reasonably arguable case that Westpac's alleged poor customer service or withdrawal of banking services was linked to her race, sex or disability." "Whether the applicant had a reasonably arguable case that Westpac's failure to process an Unfit to Work claim was linked to her sex or disability." 'Whether there was a proper basis to grant leave to bring a private prosecution for alleged perjury against Westpac representatives.']

Ratio Decidendi

Leave was refused because the applicant identified no rational factual basis for a reasonably arguable case linking Westpac's conduct to race, sex or disability. Westpac's explanation that services were withdrawn for commercial and risk concerns based on fraud claims was facially plausible and consistent with the applicant's own evidence. Restrictions connected to South Africa applied geographically rather than racially, identity verification steps were unsurprising given fraud concerns, and the account closure was not shown to be clandestine. The sex and disability claims were also not reasonably arguable because the applicant never lodged a completed Unfit to Work claim and Westpac was...

Court Disposition

Leave to make an application to the Federal Court under s 46PO(3A) was refused; the intended application was dismissed with no order as to costs. The Court also concluded there was no proper basis to grant leave for a private prosecution for alleged perjury.

Orders

  • ['Pursuant to s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth), leave to make application to this Court be refused to the Applicant.' 'No order as to costs.']