Cristovao v Tan & Tan Lawyers Pty Ltd [2017] FCA 794

Cristovao v Tan & Tan Lawyers Pty Ltd [2017] FCA 794

The originating application had no reasonable prospect of success because the claims did not fall within the jurisdiction of the Federal Court: neither respondent was a Commonwealth officer for the purposes of s 39B(1) of the Judiciary Act 1903 (Cth), and any discrimination allegations could not be entertained...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 July 2017
Procedural Posture
Originating Application for Relief Under Section 39 B Judiciary Act 1903 / Summary Dismissal
Outcome
Originating application summarily dismissed.
Legal Topics
['federal Court Jurisdiction' 'summary Dismissal' 'judiciary Act 1903 (cth) S 39 B' 'racial Discrimination' 'age Discrimination']
['administrative and Constitutional Law and Human Rights'] ['federal Court Jurisdiction' 'summary Dismissal' 'judiciary Act 1903 (cth) S 39 B' 'racial Discrimination' 'age Discrimination']

Source-derived case record

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Procedural Posture

Originating Application for Relief Under Section 39 B Judiciary Act 1903 / Summary Dismissal

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction under s 39B of the Judiciary Act 1903 (Cth) in respect of the conduct of Tan & Tan Lawyers Pty Ltd or the Registrar of the Court of Appeal of the Supreme Court of Western Australia.' 'Whether the Federal Court had jurisdiction to entertain allegations of unlawful discrimination under the Racial Discrimination Act 1975 (Cth) or the Age Discrimination Act 2004 (Cth).' 'Whether the originating application had no reasonable prospect of success and should be summarily dismissed.']

Ratio Decidendi

The originating application had no reasonable prospect of success because the claims did not fall within the jurisdiction of the Federal Court: neither respondent was a Commonwealth officer for the purposes of s 39B(1) of the Judiciary Act 1903 (Cth), and any discrimination allegations could not be entertained because there was no evidence of a terminated Australian Human Rights Commission complaint or leave to bring such a claim in the Federal Court.

Court Disposition

Originating application summarily dismissed.

Orders

  • ["The proceeding commenced by the applicant's originating application filed on 13 July 2017 be summarily dismissed pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth)."]