Trad v Jones (No 4) [2012] NSWADT 265

Trad v Jones (No 4) [2012] NSWADT 265

The Tribunal determined that the appropriate remedy was a specific apology read on air by the respondent following the Tribunal's prescribed text and schedule, rejecting both the adequacy of an earlier unsolicited apology and the request for a personal apology to the applicant.

Jurisdiction
Australia
Judgment Date
12 December 2012
Procedural Posture
Equal Opportunity Proceeding / Determination of Form and Manner of Apology
Outcome
Tribunal direction for on-air apology
Legal Topics
['racial Vilification' 'apology' 'remedies']
['anti Discrimination'] ['racial Vilification' 'apology' 'remedies']

Case Brief

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Procedural Posture

Equal Opportunity Proceeding / Determination of Form and Manner of Apology

Legal Issues

  1. 1 ['What form, extent, timing and manner of apology is required following racial vilification' 'Whether previous apologies or personal apologies suffice']

Ratio Decidendi

The Tribunal determined that the appropriate remedy was a specific apology read on air by the respondent following the Tribunal's prescribed text and schedule, rejecting both the adequacy of an earlier unsolicited apology and the request for a personal apology to the applicant.

Court Disposition

Tribunal direction for on-air apology

Orders

  • ['Mr Alan Jones to read the specified apology on air between 8.00 and 8.30 am on any day during the week commencing 17 December 2012.']