Ezekiel-Hart v ACT Law Society (Discrimination)

The applicant in this case, Ezekiel-Hart, brought an action against the ACT Law Society for alleged discrimination based on race. The ACT Civil and Administrative Tribunal was tasked with handling the matter, which arose from a referral by the Human Rights Commission. The crux of the dispute centred on whether the denial of an application for an unrestricted practising certificate constituted a service and if it was an instance of direct discrimination under the law.

The legal issues before the Tribunal were multifaceted. They included whether the application was an abuse of process, considering the existence of substantively similar applications in both the tribunal and the Supreme Court. Additionally, the court had to determine if the denial of the practising certificate application was a service and if it amounted to unfavourable treatment based on a protected attribute, specifically race. The Tribunal also needed to assess whether the application was a collateral attack and whether it violated principles of procedural fairness and proportionality.

The Tribunal found that the application was indeed an abuse of process, primarily because it amounted to a collateral attack on a prior decision. The Tribunal held that the application was essentially a relitigation of matters already decided and failed to observe procedural fairness and proportionality. Consequently, the application was dismissed in its entirety under the relevant section of the ACT Civil and Administrative Tribunal Act 2008. This decision underscores the importance of adhering to legal principles when bringing forward applications, particularly in cases involving discrimination claims.