Recent Cases

Weir v Telstra Limited [2023] FCAFC 196 (14 December 2023) (COLLIER ACJ, RANGIAH AND THOMAS JJ)


Catchwords:


HUMAN RIGHTS – whether primary judge erred by refusing leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) – whether it was reasonably arguable that the respondents breached ss 28G and 28L of the Sex Discrimination Act 1984 (Cth) – meaning of “in the course of” – whether it was reasonably arguable that the first respondent is vicariously liable under s 106 of the Sex Discrimination Act 1984 (Cth) for the conduct of the second respondent – meaning of “in connection with” – appeal allowed

PRACTICE AND PROCEDURE – application for extension of time – where delay was minimal – application for leave to appeal – adequate prospects of success – applications allowed