Vafa v University of Newcastle [2021] NSWCATAD 348

Vafa v University of Newcastle [2021] NSWCATAD 348

The proposed allegations were connected with the applicant's candidature at the University and permitting amendment would avoid the delay of requiring a fresh complaint, but allowing amendment for conduct already covered by earlier complaints up to 24 October 2018 risked duplication with matters already heard and reserved. The Tribunal therefore exercised its discretion under s 103 to permit amendment only for conduct alleged to constitute victimisation occurring after 24 October 2018.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Discrimination Complaint Alleging Victimisation Under the Anti Discrimination Act 1977 (nsw) / Interlocutory Application for Leave to Amend Complaint
Outcome
Application to amend allowed in part.
Legal Topics
['victimisation' 'amendment of Complaint' 'anti Discrimination Act 1977 (nsw)' 'tribunal Discretion' 'procedural Rulings']
['discrimination Law' 'administrative Law'] ['victimisation' 'amendment of Complaint' 'anti Discrimination Act 1977 (nsw)' 'tribunal Discretion' 'procedural Rulings']

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Procedural Posture

Discrimination Complaint Alleging Victimisation Under the Anti Discrimination Act 1977 (nsw) / Interlocutory Application for Leave to Amend Complaint

Legal Issues

  1. 1 ['Whether the applicant should be permitted under s 103 of the Anti-Discrimination Act 1977 (NSW) to amend her complaint to add allegations of victimisation not included in the complaint investigated by the President.' 'Whether proposed amendments concerning conduct before 24 October 2018 should be refused or limited because of possible duplication with earlier complaints already heard by the Tribunal.' 'Whether the existence of a separate claim under the Privacy and Personal Information Protection Act 1998 prevented amendment of the discrimination complaint.']

Ratio Decidendi

The proposed allegations were connected with the applicant's candidature at the University and permitting amendment would avoid the delay of requiring a fresh complaint, but allowing amendment for conduct already covered by earlier complaints up to 24 October 2018 risked duplication with matters already heard and reserved. The Tribunal therefore exercised its discretion under s 103 to permit amendment only for conduct alleged to constitute victimisation occurring after 24 October 2018.

Court Disposition

Application to amend allowed in part.

Orders

  • ['The applicant is permitted to amend the complaint in relation to any conduct alleged to constitute victimisation and to have occurred after 24 October 2018.' 'The matter is listed for further Directions on Tuesday 30 November 2021 at 3pm.']