Aigner v State of Queensland and Anor

The case of Aigner v State of Queensland and Anor involves a complaint of discrimination against the State of Queensland and another party. The applicant, Aigner, filed a complaint alleging discrimination, which was scheduled for a hearing. The respondents sought to have the complaint struck out on the basis that it lacked substance. The matter was heard in a relevant tribunal in Queensland.

The primary legal issue before the court was whether the complaint had sufficient substance to warrant a hearing. The respondents argued that the complaint was frivolous and vexatious, lacking any credible basis that would warrant proceeding to a hearing. They contended that the application to strike out should be granted to prevent a waste of judicial resources.

In determining the matter, the court considered the standard for assessing whether a complaint has substance. It was noted that a complaint must have a real prospect of success and that the application to strike out should only be granted if there is no conceivable scenario in which the applicant could succeed. The court found that the complaint, while perhaps not strong, did not fall so far short as to warrant being dismissed outright. There was a possibility, however remote, that the applicant could succeed in establishing the discrimination claim. Consequently, the application to strike out the complaint was dismissed, allowing the matter to proceed to a hearing.