Frost v Sanderson

[2021] QCATA 55

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Frost v Sanderson & Ors [2021] QCATA 55

PARTIES:

JULIE FROST

(applicant/appellant)

v

SAMANTHA SANDERSON             

(first respondent)

CHRISTOPHER DONOVAN
(second respondent)

STEPHEN HAYNES
(third respondent)

STATE OF QUEENSLAND
(fourth respondent)

APPLICATION NO/S:

APL260-19

ORIGINATING APPLICATION NO/S:

ADL040-19

MATTER TYPE:

Appeals

DELIVERED ON:

20 April 2021 (ex tempore)

HEARING DATE:

20 April 2021

HEARD AT:

Brisbane

DECISION OF:

Justice Daubney, President

ORDERS:

Pursuant to section 47 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), the application for leave to appeal or appeal is struck out.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – where applicant seeks leave to appeal against a decision in anti-discrimination proceedings – where applicant makes allegations of corruption and bias by respondents and Tribunal Members – where application for leave to appeal and appeal fails to identify any appellable error – whether proceeding ought be struck out pursuant to section 47 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) – whether proceeding is frivolous, vexatious or misconceived, lacking in substance, or an abuse of process

Anti-Discrimination Act 1991 (Qld), s 166

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170

In re the Will of F.B Gilbert (dec.) (1946) 46 SR (NSW) 318

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondents:

I Fraser (solicitor) i/b Office of the Queensland Police Service

REASONS FOR DECISION

1. The matter presently before me is an Application for Leave to Appeal or Appeal filed by the Applicant, Julie Frost, in respect of a decision and directions made by Member Traves in ADL040-19 on 5 September 2019. The current file number of the appeal which was lodged by Ms Frost on about 29 September 2019 is APL260-19. 

2. By way of brief background, it can be noted that in early 2019, Ms Frost lodged with the then Anti-Discrimination Commission of Queensland a number of complaints against members of the Queensland Police Service. On 29 March 2019, the Anti-Discrimination Commission advised the named Respondents that it had accepted complaints from Ms Frost under the Anti-Discrimination Act1991 (Qld) (“AD Act”), and that these complaints alleged discriminatory conduct, public interest disclosure reprisal and victimisation.

3. The parties subsequently attended a conciliation conference but the matter did not settle. As a consequence of the matter not settling at conciliation, the Applicant’s complaints were referred to QCAT in accordance with s 166 of the AD Act. On 7 August 2019, the referral then became the matter which is the proceeding in number ADL040-19.

4. On 7 August 2019, Ms Frost lodged an application with the Tribunal seeking, amongst other things, the disclosure of a large number of documents alleged to be held by the Queensland Police Service.

5. That application came before Member Traves on 5 September 2019. Member Traves, at that time, made directions and also gave…