Ferneley v The Boxing Authority of New South Wales

The plaintiff in the case of Ferneley v The Boxing Authority of New South Wales sought a declaration that the refusal of the Boxing Authority to register her as a boxer was unlawful discrimination under the Sex Discrimination Act 1984 (Cth). The defendant, the Boxing Authority, argued that the exclusion of women from boxing contests was justified based on community standards and health risks. The case was heard in the Federal Court of Australia, where the court had to determine whether the statutory requirement for registration, which excluded women, contravened Commonwealth sex discrimination laws.

The legal issues before the court were whether the registration requirement constituted discrimination under the Sex Discrimination Act and if so, whether the Act applied to the Boxing Authority. The court considered whether the refusal to consider the plaintiff's application on its merits constituted a failure to provide a "service" within the meaning of the Act. Additionally, the court examined the interplay between the general and specific provisions of the Act to determine the scope of the prohibition on discrimination.

The court held that the Boxing Authority's refusal to consider the plaintiff's application for registration due to her sex was discriminatory. However, the court found that the provision of the Sex Discrimination Act prohibiting discrimination in respect of qualification for engaging in an occupation did not bind the Crown in right of a State. The court concluded that the provision prohibiting discrimination in relation to the provision of services applied, but the failure to consider the application on its merits was not a failure to provide a "service" within the meaning of the Act. The court applied the principle that general provisions do not derogate from special provisions and held that the Boxing Authority's actions did not contravene the Act.

The court dismissed the proceeding and reserved the costs of the proceeding.