Thomas v University of Melbourne (No 3) [2019] FCA 92

Thomas v University of Melbourne (No 3) [2019] FCA 92

Given the applicant's aggressive and confronting behaviour, refusal to participate, and objection to the Court's jurisdiction, all further interlocutory hearings are to be determined on the papers; directions are to be made for written submissions as to costs, further conduct, and why the proceedings should not be dismissed.

Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Multiple Federal Court Proceedings: Originating Applications, Judicial Review, Anti Discrimination and Fair Work Claims / Interlocutory Phase; Reasons and Directions Regarding Further Proceedings and Conduct Due to Applicant's Behaviour
Outcome
All interlocutory applications adjourned indefinitely; matters to proceed on the papers with written submissions regarding costs, further conduct, and why proceedings should not be dismissed.
Legal Topics
['jurisdiction' 'discrimination—racial Discrimination' 'judicial Review—administrative Decision' 'fair Work Act—general Protections' 'federal Court Case Management' 'abuse of Process' 'self Represented Litigants' 'interlocutory Applications' 'courtroom Conduct']
['administrative Law' 'human Rights Law' 'anti Discrimination Law' 'employment Law' 'practice and Procedure'] ['jurisdiction' 'discrimination—racial Discrimination' 'judicial Review—administrative Decision' 'fair Work Act—general Protections' 'federal Court Case Management' 'abuse of Process' 'self Represented Litigants' 'interlocutory Applications' 'courtroom Conduct']

Case Brief

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Procedural Posture

Multiple Federal Court Proceedings: Originating Applications, Judicial Review, Anti Discrimination and Fair Work Claims / Interlocutory Phase; Reasons and Directions Regarding Further Proceedings and Conduct Due to Applicant's Behaviour

Legal Issues

  1. 1 ["Whether further hearings should be conducted in court given the applicant's behaviour" "Whether Mr Thomas's proceedings should be dismissed due to non-participation and jurisdictional objections" "Whether the Federal Court has jurisdiction after the Commission's complaint dismissal" "Whether respondents' lawyers can continue to act" 'Whether the proceedings or certain applications should be stayed or removed to the High Court' "Whether the applicant's behaviour constitutes contempt of court"]

Ratio Decidendi

Given the applicant's aggressive and confronting behaviour, refusal to participate, and objection to the Court's jurisdiction, all further interlocutory hearings are to be determined on the papers; directions are to be made for written submissions as to costs, further conduct, and why the proceedings should not be dismissed.

Court Disposition

All interlocutory applications adjourned indefinitely; matters to proceed on the papers with written submissions regarding costs, further conduct, and why proceedings should not be dismissed.

Orders

  • ['All interlocutory applications adjourned indefinitely until further order (across all four proceedings).' 'Oral hearings suspended; all matters to be determined on the papers.' 'Directions made for written submissions by parties and the Attorney-General as to further conduct and costs.' 'Directions to applicant to...