Patrick v The Martinez HWL Practice trust t/as HWL Ebsworth Lawyers [2017] NSWCATAD 277

Patrick v The Martinez HWL Practice trust t/as HWL Ebsworth Lawyers [2017] NSWCATAD 277

The Tribunal lacks the power to amend the complaints to include conduct before 12 February 2015 because s 103 must be construed as subject to s 89B(4), which makes President's decisions declining complaints not reviewable by the Tribunal.

Parties
Applicant: Elizabeth Patrick; First Respondent: The Martinez HWL Practice trust t/as HWL Ebsworth Lawyers; Second Respondent: Juan Martinez; Third Respondent: Michael Bowyer; Fourth Respondent: Nicholas Matkovich
Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Administrative and Equal Opportunity Complaint / Preliminary Decision on Application to Amend Complaint
Outcome
application to amend complaint refused
Legal Topics
Tribunal Power to Amend Complaints, Statutory Interpretation, Practice and Procedure Under NCAT Act
Human Rights Administrative Law Equal Opportunity Tribunal Power to Amend Complaints Statutory Interpretation Practice and Procedure Under NCAT Act

Case Brief

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Parties

Elizabeth Patrick

Applicant

The Martinez HWL Practice trust t/as HWL Ebsworth Lawyers

First Respondent

Juan Martinez

Second Respondent

Michael Bowyer

Third Respondent

Nicholas Matkovich

Fourth Respondent

Procedural Posture

Administrative and Equal Opportunity Complaint / Preliminary Decision on Application to Amend Complaint

Legal Issues

  1. 1 whether the Tribunal has power to amend complaints to include conduct before 12 February 2015
  2. 2 statutory construction regarding s 103 and s 89B(4) of the Anti-Discrimination Act 1977 (NSW)
  3. 3 whether estoppel permits amendment despite President's decision

Ratio Decidendi

The Tribunal lacks the power to amend the complaints to include conduct before 12 February 2015 because s 103 must be construed as subject to s 89B(4), which makes President's decisions declining complaints not reviewable by the Tribunal.

Court Disposition

application to amend complaint refused

Orders

  • Application to amend complaint to include period before 12 February 2015 is refused.
  • Applicant to file and serve amended Points of Claim by 29 September 2017.