Hiskey v Westpac Banking Corp [1999] FCA 1797

Hiskey v Westpac Banking Corp [1999] FCA 1797

Because the applicant's disability discrimination complaint had not been the subject of inquiry and determination by the Human Rights and Equal Opportunity Commission under Part 4 of the Disability Discrimination Act 1992 (Cth), and because s 105A only provides for proceedings to enforce a Commission determination, the Federal Court lacked jurisdiction over the proceeding; the application therefore had to be struck out.

Jurisdiction
Australia
Judgment Date
13 December 1999
Procedural Posture
Application Alleging Discrimination in Contravention of the Disability Discrimination Act 1992 (cth) / Notice of Motion to Strike Out the Application
Outcome
Application struck out with costs.
Legal Topics
['strike Out Application' 'disability Discrimination' 'human Rights and Equal Opportunity Commission Complaint Process' 'federal Court Statutory Jurisdiction']
['practice and Procedure' 'discrimination Law' 'federal Jurisdiction'] ['strike Out Application' 'disability Discrimination' 'human Rights and Equal Opportunity Commission Complaint Process' 'federal Court Statutory Jurisdiction']

Case Brief

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Procedural Posture

Application Alleging Discrimination in Contravention of the Disability Discrimination Act 1992 (cth) / Notice of Motion to Strike Out the Application

Legal Issues

  1. 1 ["Whether the applicant's proceeding should be struck out under O 20 r 2 of the Federal Court Rules." 'Whether the Federal Court had jurisdiction to hear a Disability Discrimination Act 1992 (Cth) claim where the complaint had not been the subject of inquiry and determination by the Human Rights and Equal Opportunity Commission under Part 4.']

Ratio Decidendi

Because the applicant's disability discrimination complaint had not been the subject of inquiry and determination by the Human Rights and Equal Opportunity Commission under Part 4 of the Disability Discrimination Act 1992 (Cth), and because s 105A only provides for proceedings to enforce a Commission determination, the Federal Court lacked jurisdiction over the proceeding; the application therefore had to be struck out.

Court Disposition

Application struck out with costs.

Orders

  • ['The application be struck out with costs.']