Rixon v Business Parcel Express Pty Ltd [2006] FCA 969

Rixon v Business Parcel Express Pty Ltd [2006] FCA 969

Given agreement of both parties, lack of general importance, and jurisdiction of the Federal Magistrates Court, it is proper to transfer the proceedings pursuant to s 32AB(2)(b) of the Federal Court of Australia Act 1976 (Cth).

Parties
Applicant: Nicole Rixon; First Respondent: Business Parcel Express Pty Ltd; Second Respondent: Transconex Pty Ltd
Jurisdiction
Australia
Judgment Date
27 July 2006
Procedural Posture
Application for Relief Under Human Rights and Equal Opportunity Commission Act 1986 (cth) / Application for Transfer to Federal Magistrates Court
Outcome
Proceedings transferred to the Federal Magistrates Court.
Legal Topics
Unlawful Discrimination, Constructive Dismissal, Pregnancy and Family Responsibilities, Transfer of Proceedings
Discrimination Law Employment Law Practice and Procedure Unlawful Discrimination Constructive Dismissal Pregnancy and Family Responsibilities Transfer of Proceedings

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Parties

Nicole Rixon

Applicant

Business Parcel Express Pty Ltd

First Respondent

Transconex Pty Ltd

Second Respondent

Procedural Posture

Application for Relief Under Human Rights and Equal Opportunity Commission Act 1986 (cth) / Application for Transfer to Federal Magistrates Court

Legal Issues

  1. 1 Whether the matter should be transferred to the Federal Magistrates Court under s 32AB(2)(b) of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Given agreement of both parties, lack of general importance, and jurisdiction of the Federal Magistrates Court, it is proper to transfer the proceedings pursuant to s 32AB(2)(b) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Proceedings transferred to the Federal Magistrates Court.

Orders

  • The proceedings be transferred to the Federal Magistrates Court pursuant to s 32AB(2)(b) of the Federal Court of Australia Act 1976 (Cth).