Soulitopoulos v LaTrobe University Liberal Club [2002] FCA 1316

Soulitopoulos v LaTrobe University Liberal Club [2002] FCA 1316

Prohibition of disability discrimination under s 27(2) is a matter of international concern, satisfying s 12(8)(e) of the Disability Discrimination Act 1992 (Cth), thus s 27(2) has effect as a law of the Commonwealth under the external affairs power.

Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Disability Discrimination / Determination of Separate Legal Question Regarding Effect of S 27(2) by Reason of S 12(8) of Disability Discrimination Act 1992 (cth)
Outcome
Separate question answered in favour of applicant; costs in cause; proceeding transferred to Federal Magistrate's Court.
Legal Topics
['disability Discrimination' 'external Affairs Power' 'international Concern' 'clubs and Associations Discrimination']
['discrimination Law' 'constitutional Law' 'human Rights Law'] ['disability Discrimination' 'external Affairs Power' 'international Concern' 'clubs and Associations Discrimination']

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Procedural Posture

Disability Discrimination / Determination of Separate Legal Question Regarding Effect of S 27(2) by Reason of S 12(8) of Disability Discrimination Act 1992 (cth)

Legal Issues

  1. 1 ['Does s 27(2) of the Disability Discrimination Act 1992 (Cth) have effect by reason of s 12(8) of the Act, based on matters of international concern under the external affairs power?']

Ratio Decidendi

Prohibition of disability discrimination under s 27(2) is a matter of international concern, satisfying s 12(8)(e) of the Disability Discrimination Act 1992 (Cth), thus s 27(2) has effect as a law of the Commonwealth under the external affairs power.

Court Disposition

Separate question answered in favour of applicant; costs in cause; proceeding transferred to Federal Magistrate's Court.

Orders

  • ["The separate question 'Does s 27(2) of the Disability Discrimination Act 1992 (Cth) have effect by reason of s 12(8) of the Act?' be answered Yes." "Applicant's costs of and incidental to the separate question be the applicant's costs in the cause." "The proceeding be transferred to the Federal Magistrate's Court...