Ekblad v Warringah Council [2015] NSWCATAD 186

Ekblad v Warringah Council [2015] NSWCATAD 186

Leave was refused because the complaint lacked substance and it would not be fair or just for it to proceed. If the matter went to hearing, Mr Ekblad was unlikely to prove that Warringah Council refused him a service or provided a service on discriminatory terms, because access to the Centre was qualified by the Family Court orders. He was also unlikely to prove direct or indirect sex discrimination: there was no evidence that a woman in the same circumstances would have been treated differently, and the Family Court orders provided a more probable and innocent explanation for the Council's position. In any event, the Council was likely to have a defence under s 54(1)(d) because the...

Jurisdiction
Australia
Judgment Date
07 September 2015
Procedural Posture
Application for Leave for a Sex Discrimination Complaint to Proceed Under the Anti Discrimination Act 1977 (nsw) After the President of the Anti Discrimination Board Declined the Complaint / Procedural Ruling on Leave
Outcome
Leave for the complaint of sex discrimination to proceed was refused.
Legal Topics
['sex Discrimination' 'provision of Goods and Services' 'leave to Proceed With Declined Complaint' 'access to Child Care Centre' 'family Court Orders' 'direct Discrimination' 'indirect Discrimination' 'court Order Exception']
['anti Discrimination Law' 'administrative Law' 'practice and Procedure'] ['sex Discrimination' 'provision of Goods and Services' 'leave to Proceed With Declined Complaint' 'access to Child Care Centre' 'family Court Orders' 'direct Discrimination' 'indirect Discrimination' 'court Order Exception']

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Procedural Posture

Application for Leave for a Sex Discrimination Complaint to Proceed Under the Anti Discrimination Act 1977 (nsw) After the President of the Anti Discrimination Board Declined the Complaint / Procedural Ruling on Leave

Legal Issues

  1. 1 ["Whether it was fair and just to grant leave for Mr Ekblad's sex discrimination complaint to proceed" 'Whether Warringah Council refused to provide Mr Ekblad with a service, or provided a service on terms, within s 33 of the Anti-Discrimination Act 1977 (NSW)' "Whether any restriction on Mr Ekblad's access to the child care centre was direct or indirect sex discrimination under s 24 of the Anti-Discrimination Act 1977 (NSW)" 'Whether the restrictions arose from, or were justified by compliance with, Family Court orders under s 54(1)(d) of the Anti-Discrimination Act 1977 (NSW)']

Ratio Decidendi

Leave was refused because the complaint lacked substance and it would not be fair or just for it to proceed. If the matter went to hearing, Mr Ekblad was unlikely to prove that Warringah Council refused him a service or provided a service on discriminatory terms, because access to the Centre was qualified by the Family Court orders. He was also unlikely to prove direct or indirect sex discrimination: there was no evidence that a woman in the same circumstances would have been treated differently, and the Family Court orders provided a more probable and innocent explanation for the Council's position. In any event, the Council was likely to have a defence under s 54(1)(d) because the...

Court Disposition

Leave for the complaint of sex discrimination to proceed was refused.

Orders

  • ['Leave for the complaint of sex discrimination to proceed is refused.']