Trad v Jones & anor [2008] NSWADT 272

Trad v Jones & anor [2008] NSWADT 272

The Tribunal held that the respondents took an unduly narrow view of the initiating complaint. Read as a whole, the complaint concerned derogatory on-air comments by Mr Jones about Mr Trad, the Australian Muslim community and the Lebanese community during the period 7 am on 26 April 2005 to 10 am on 29 April 2005, and the public acts identified in the Points of Claim fell within that period. In any event, the relevant complaint for jurisdictional purposes was the complaint referred to the Tribunal, which included the broadcast transcript and the applicant's comments under section 94A(1)(c) of the Anti-Discrimination Act 1977. The Points of Claim therefore did not extend the scope of the...

Jurisdiction
Australia
Judgment Date
03 October 2008
Procedural Posture
Equal Opportunity Division Racial Vilification Complaint / Preliminary Matter Concerning Scope of Complaint and Amendment of Complaint
Outcome
The respondents' contention that the Points of Claim extended the scope of the complaint was rejected; paragraphs 20 to 35 were not struck out; the applicant was invited to file Amended Points of Claim.
Legal Topics
['racial Vilification' 'scope of Complaint Referred to Tribunal' 'amendment of Complaint' 'religious Vilification' 'ethno Religious Origin']
['anti Discrimination Law' 'administrative Law'] ['racial Vilification' 'scope of Complaint Referred to Tribunal' 'amendment of Complaint' 'religious Vilification' 'ethno Religious Origin']

Case Brief

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Procedural Posture

Equal Opportunity Division Racial Vilification Complaint / Preliminary Matter Concerning Scope of Complaint and Amendment of Complaint

Legal Issues

  1. 1 ['Whether the Points of Claim extended beyond the scope of the complaint referred to the Tribunal by including segments of broadcasts not expressly mentioned in the initiating complaint.' 'Whether leave to amend the complaint under section 103 of the Anti-Discrimination Act 1977 was necessary.' 'Whether paragraphs 20 to 35 of the Points of Claim pleaded religious vilification outside the Anti-Discrimination Act 1977.' 'Whether it was premature to determine whether references to Muslims or members of the Muslim community could fall within the statutory definition of race or ethno-religious origin.']

Ratio Decidendi

The Tribunal held that the respondents took an unduly narrow view of the initiating complaint. Read as a whole, the complaint concerned derogatory on-air comments by Mr Jones about Mr Trad, the Australian Muslim community and the Lebanese community during the period 7 am on 26 April 2005 to 10 am on 29 April 2005, and the public acts identified in the Points of Claim fell within that period. In any event, the relevant complaint for jurisdictional purposes was the complaint referred to the Tribunal, which included the broadcast transcript and the applicant's comments under section 94A(1)(c) of the Anti-Discrimination Act 1977. The Points of Claim therefore did not extend the scope of the...

Court Disposition

The respondents' contention that the Points of Claim extended the scope of the complaint was rejected; paragraphs 20 to 35 were not struck out; the applicant was invited to file Amended Points of Claim.

Orders

  • ['The Applicant is invited to file Amended Points of Claim in accordance with paragraph [35] of these Reasons providing they are filed and served within 21 days from the date of there orders' 'The Respondents are to file and serve Points of Defence and all evidence on which they seek to rely within 35 days of the...