Burns v Sunol (No2)

The dispute in Burns v Sunol (No2) arose between Mr Burns, the applicant, and Mr Sunol, the respondent. The matter was heard by the Civil and Administrative Tribunal, which was required to enforce orders made under the Anti-Discrimination Act 1977. The dispute centred on Mr Burns' claim that Mr Sunol had engaged in conduct that amounted to homosexual vilification and victimisation, and that Mr Sunol had not complied with conduct orders previously issued by the tribunal. The central legal issue was whether the tribunal had the authority to enforce compliance with its orders and to impose remedies for breaches of those orders. The tribunal held that it did have such authority and proceeded to determine the appropriate remedy for Mr Sunol's non-compliance. The tribunal found that Mr Sunol had breached orders 3 and 4 of the orders dated 14 May 2014, and as a result, it ordered Mr Sunol to pay Mr Burns $2,500 as a remedy for the breach. The tribunal was satisfied that the order was necessary to ensure compliance with the conduct orders and to provide a remedy for the victimisation suffered by Mr Burns. The tribunal's decision provides an important reminder of its powers to enforce compliance with its orders and to provide remedies for breaches of those orders.