Clarke v Nursing and Midwifery Council New South Wales

Clarke v Nursing and Midwifery Council New South Wales involved a dispute between Ms Clarke and the Nursing and Midwifery Council New South Wales. Ms Clarke brought proceedings against the Council alleging racial and disability discrimination in the imposition of conditions on her registration as a midwife. Ms Clarke had previously made complaints about her employment with the South Eastern Sydney Local Health District (SESLHD) to the Australian Human Rights Commission (the Commission) which were terminated, and she also commenced proceedings against SESLHD and related parties. The legal issues the court needed to decide were whether Ms Clarke was required to seek leave to commence the proceedings against the Council, and whether the proceedings were vexatious or an abuse of process. The court found that Ms Clarke was required to seek leave to commence the proceedings, and that the proceedings were vexatious and an abuse of process. The court noted that Ms Clarke had not sought leave at the commencement of the proceedings, and an oral application for leave was refused. The court considered that the proceedings were vexatious because they were an abuse of process, as they involved the re-litigation of disputes that had already been considered by the Commission and in various other legal proceedings. The court found that the proceedings were likely to cause prejudice, embarrassment or delay, and dismissed the proceedings and the interlocutory application. The court also ordered that Ms Clarke pay the costs of the Council.