Venerable Dr Peter Carlsson v Right Reverend John Ford [2019] FCA 584

Venerable Dr Peter Carlsson v Right Reverend John Ford [2019] FCA 584

The applicant is entitled to an interim injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth), preserving his position as Archdeacon and associated benefits pending resolution or termination of his discrimination complaint, as a prima facie case exists and the balance of convenience favours maintenance of the status quo. However, no injunction is granted regarding the Vicar General position as the balance of convenience favours the respondents.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Application for Interim Injunction / Interlocutory Decision
Outcome
Application for interim injunction granted in part
Legal Topics
['disability Discrimination' 'interim Injunctions' 'employment Discrimination' 'church Law' 'australian Human Rights Commission Procedures']
['human Rights' 'administrative Law' 'constitutional Law'] ['disability Discrimination' 'interim Injunctions' 'employment Discrimination' 'church Law' 'australian Human Rights Commission Procedures']

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Procedural Posture

Application for Interim Injunction / Interlocutory Decision

Legal Issues

  1. 1 ["Whether an interim injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) should be granted to maintain the applicant's position pending resolution of the discrimination complaint" 'Whether revocation of clerical licences constituted unlawful discrimination under the Disability Discrimination Act 1992 (Cth)']

Ratio Decidendi

The applicant is entitled to an interim injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth), preserving his position as Archdeacon and associated benefits pending resolution or termination of his discrimination complaint, as a prima facie case exists and the balance of convenience favours maintenance of the status quo. However, no injunction is granted regarding the Vicar General position as the balance of convenience favours the respondents.

Court Disposition

Application for interim injunction granted in part

Orders

  • ["Respondents are restrained until occurrence of events under ss 46PG, 46PF(1)(b), or 46PH, or earlier order, from acting on or giving effect to the claimed termination of the applicant's licence as Archdeacon, including his general licence to exercise ministry as a priest in the Diocese." 'Respondents are...