Hatic -v- Linfox Transport (Australia) Pty Ltd [2003] NSWADT 43

Hatic -v- Linfox Transport (Australia) Pty Ltd [2003] NSWADT 43

Events alleged by the complainant which occurred before 29 December 1999 fall outside the Tribunal's jurisdiction pursuant to the statutory six-month time limit under s 88(3) of the Anti-Discrimination Act 1977, as interpreted by case law. The Tribunal does not distinguish between continuous contraventions and course of conduct contraventions for the purpose of the time limit.

Jurisdiction
Australia
Judgment Date
07 March 2003
Procedural Posture
Race Discrimination Complaint / Jurisdictional Determination
Outcome
Jurisdiction partially declined; directions issued for continuation of proceedings within jurisdiction.
Legal Topics
['race Discrimination' 'victimisation' 'statutory Time Limits' 'jurisdiction']
['equal Opportunity' 'anti Discrimination'] ['race Discrimination' 'victimisation' 'statutory Time Limits' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Race Discrimination Complaint / Jurisdictional Determination

Legal Issues

  1. 1 ['Does the Tribunal have jurisdiction to inquire into complaints concerning alleged incidents prior to 29 December 1999 given statutory time limits under the Anti-Discrimination Act 1977?' 'How should course of conduct complaints be treated with respect to the six-month time limit for lodging complaints under s 88(3)?']

Ratio Decidendi

Events alleged by the complainant which occurred before 29 December 1999 fall outside the Tribunal's jurisdiction pursuant to the statutory six-month time limit under s 88(3) of the Anti-Discrimination Act 1977, as interpreted by case law. The Tribunal does not distinguish between continuous contraventions and course of conduct contraventions for the purpose of the time limit.

Court Disposition

Jurisdiction partially declined; directions issued for continuation of proceedings within jurisdiction.

Orders

  • ['That part of the complaint lodged by the complainant with the President of the Anti-Discrimination Board on 29 June 2000 and referred to the Tribunal that relates to the period before 29 December 1999 is beyond the jurisdiction of the Tribunal.' 'The complainant is to file and serve Amended Points of Claim,...