Lee v HREOC [2000] FCA 11
The Court lacks jurisdiction under the Disability Discrimination Act as no prior determination was made by HREOC, and no reviewable error has been established under the ADJR Act grounds to warrant interference with HREOC's decisions.
- Parties
- Applicant: Peter John Lee; First Respondent: Human Rights and Equal Opportunity Commission; Second Respondent: Commonwealth Government
- Jurisdiction
- Australia
- Judgment Date
- 14 January 2000
- Procedural Posture
- Judicial Review Application / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- Judicial Review, Disability Discrimination, Sex Discrimination, Jurisdiction of Federal Court
Case Brief
Summary, issues, holding and outcome
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Parties
Peter John Lee
Applicant
Human Rights and Equal Opportunity Commission
First Respondent
Commonwealth Government
Second Respondent
Procedural Posture
Judicial Review Application / Final Judgment
Legal Issues
- 1 Whether the Federal Court has jurisdiction under the Disability Discrimination Act 1992 (Cth) s 105A without a prior determination under s 102
- 2 Whether the use of conventional address 'Dear Mr Lee' constitutes sex discrimination under the Sex Discrimination Act 1984 (Cth) s 28A
- 3 Whether any grounds for review exist under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) against the decisions of HREOC
Ratio Decidendi
The Court lacks jurisdiction under the Disability Discrimination Act as no prior determination was made by HREOC, and no reviewable error has been established under the ADJR Act grounds to warrant interference with HREOC's decisions.
Court Disposition
Application dismissed
Orders
- The application be dismissed.
Full Case Text
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