Deam v Starlight Children's Foundation Australia [2023] FCA 259

Deam v Starlight Children's Foundation Australia [2023] FCA 259

The applicant's general protections claim is precluded by s 734(1) of the Fair Work Act 2009 (Cth) because her earlier anti-discrimination complaint made to the AHRC was not withdrawn or failed for want of jurisdiction and concerned substantially the same conduct. Further, Ms Deam was refused leave to bring her DDA claim under s 46PO(3A) of the AHRC Act as the claims lacked reasonable prospects of success due to legal and factual deficiencies; consequently, the proceeding was dismissed.

Parties
Applicant: Lara Deam; First Respondent: Starlight Children's Foundation Australia; Second Respondent: The Royal Children's Hospital; Third Respondent: Monash Children's Hospital
Jurisdiction
Australia
Judgment Date
24 March 2023
Procedural Posture
Interlocutory Application and Summary Dismissal / Judgment/disposition of Interlocutory and Summary Dismissal Applications
Outcome
Proceedings dismissed. Leave to commence DDA claim refused. No order as to costs.
Legal Topics
Interlocutory Applications, Summary Dismissal, General Protections, Disability Discrimination, Reasonable Adjustments, Standing, Jurisdiction, Workers Compensation, Procedural Fairness
Industrial Law Human Rights Law Employment Law Discrimination Law Interlocutory Applications Summary Dismissal General Protections Disability Discrimination +5 more

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Parties

Lara Deam

Applicant

Starlight Children's Foundation Australia

First Respondent

The Royal Children's Hospital

Second Respondent

Monash Children's Hospital

Third Respondent

Procedural Posture

Interlocutory Application and Summary Dismissal / Judgment/disposition of Interlocutory and Summary Dismissal Applications

Legal Issues

  1. 1 Whether s 734 of the Fair Work Act 2009 (Cth) precludes the applicant from making a general protections court application in circumstances where a prior anti-discrimination complaint was made and not withdrawn or failed for want of jurisdiction;
  2. 2 Whether leave should be granted under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) to commence disability discrimination proceedings;
  3. 3 Whether the applicant's claims have reasonable prospects of success;

Ratio Decidendi

The applicant's general protections claim is precluded by s 734(1) of the Fair Work Act 2009 (Cth) because her earlier anti-discrimination complaint made to the AHRC was not withdrawn or failed for want of jurisdiction and concerned substantially the same conduct. Further, Ms Deam was refused leave to bring her DDA claim under s 46PO(3A) of the AHRC Act as the claims lacked reasonable prospects of success due to legal and factual deficiencies; consequently, the proceeding was dismissed.

Court Disposition

Proceedings dismissed. Leave to commence DDA claim refused. No order as to costs.

Orders

  • Leave to commence a proceeding under s 46PO of the AHRC Act refused.
  • The interlocutory application filed by the applicant on 28 October 2022 is dismissed.