Low v Commonwealth of Australia [2001] FCA 702

Low v Commonwealth of Australia [2001] FCA 702

Ms Low's application was bound to fail because there was no evidence that any action taken by the ATO was connected to her disability, race, or sex; thus, her claims under the relevant statutes did not disclose an arguable case for relief and extension of time was not merited.

Jurisdiction
Australia
Judgment Date
13 June 2001
Procedural Posture
Appeal / Judgment of Appeal Disposition
Outcome
appeal dismissed
Legal Topics
['disability Discrimination' 'racial Discrimination' 'sex Discrimination' 'extension of Time' 'pro Bono Legal Assistance']
['human Rights' 'employment Law' 'discrimination Law'] ['disability Discrimination' 'racial Discrimination' 'sex Discrimination' 'extension of Time' 'pro Bono Legal Assistance']

Case Brief

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Procedural Posture

Appeal / Judgment of Appeal Disposition

Legal Issues

  1. 1 ['Whether the application disclosed an arguable case of unlawful discrimination under the Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth), or Sex Discrimination Act 1984 (Cth)' 'Whether there was a reasonable explanation for delay in filing' 'Whether it would be in the interests of justice to grant an extension of time' 'Appropriateness of pro bono legal assistance']

Ratio Decidendi

Ms Low's application was bound to fail because there was no evidence that any action taken by the ATO was connected to her disability, race, or sex; thus, her claims under the relevant statutes did not disclose an arguable case for relief and extension of time was not merited.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs, including reserved costs."]