Flynn v Westpac Banking Corporation ACN 007 457 141 (Discrimination)

Flynn sought relief from the Australian Human Rights Commission alleging that Westpac Banking Corporation had engaged in unlawful discrimination against him on the grounds of disability. The Tribunal heard Flynn's application for an extension of time to commence the proceeding against Westpac. Westpac opposed the application on the basis that the application was not made with due diligence and that Flynn had not provided any explanation for the delay in lodging his application. The central issue before the Tribunal was whether Flynn's application for an extension of time should be granted. The Tribunal noted that Flynn had failed to provide a satisfactory explanation for the delay in lodging his application, and that the delay was significant. However, the Tribunal also noted that Flynn had been unwell for a significant period of time and that this may have contributed to the delay. The Tribunal concluded that, in the circumstances, it was appropriate to grant Flynn's application for an extension of time. The Tribunal ordered that applications numbered DT 26/2020 and DT 62/2020 be stayed until further order, with liberty to apply on 7 working days notice in writing.