Gardner v National Netball League

FEDERAL MAGISTRATES COURT OF AUSTRALIA

TRUDY GARDNER v NATIONAL NETBALL LEAGUE PTY LTD 
 [2001] FMCA 50

HUMAN RIGHTS – Netball player – pregnancy – health risks to unborn child – injunction to prevent ban on pregnant player participating in netball – Sex Discrimination Act 1984
PRACTICE AND PROCEDURE – Interim Injunction – balance of convenience – whether damages sufficient remedy – status quo – s 46PP Human Rights and Equal Opportunity Commission Act 1986
EVIDENCE – non expert evidence – hearsay – whether “technicalities” –
s 46 PR Human Rights and Equal Opportunity Commission Act 1986

Applicant: TRUDY GARDNER

Respondent: NATIONAL NETBALL LEAGUE PTY LTD

File No: AZ148 of 2001

Delivered on: 18 July 2001

Delivered at: Melbourne

Hearing Date: 18 July 2001

Judgment of: McInnis FM

REPRESENTATION

Counsel for the Applicant: Mr P J Day

Solicitors for the Applicant: Finlaysons (Adelaide)

Counsel for the Respondent: Mr S Price

Solicitors for the Respondent: Corrs Chambers Westgarth (Sydney)

ORDERS

1. All times be abridged to enable the application to be determined this day.

2. Pursuant to section 46PP of the Human Rights and Equal Opportunity Commission Act 1986 the respondent is restrained from imposing a ban or any other limitation such as to prevent the applicant from competing in the National Netball League for reasons related to her pregnancy or to impose any disciplinary action to punish the applicant from so playing until the close of the current netball season on 11 August 2001 and pending the determination of her complaint lodged with the Human Rights and Equal Opportunity Commission on 2 July 2001 alleging a breach of the Sex Discrimination Act 1984 (Cth).

3. The applicant’s costs of the application be paid by the respondent to be taxed in default of agreement.

4. I direct that the reasons for this decision be transcribed and upon review should constitute my reasons for judgment.

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE

AZ 148 of 2001

TRUDY GARDNER

Applicant

And

NATIONAL NETBALL LEAGUE PTY LTD

Respondent

REASONS FOR JUDGMENT

Extempore

1. This is an application by Trudy Gardner, the applicant against the National Netball League Pty Ltd, where the applicant seeks an interim injunction pursuant to section 46PP of the Human Rights and Equal Opportunity Commission Act 1986 to maintain her rights pending resolution of her complaint lodged with the Human Rights and Equal Opportunity Commission on 2 July 2001. 

2. The application was filed on 17 July 2001 and this hearing is being conducted pursuant to division 5 of the Federal Magistrates Act 1999 by video-link from Melbourne with Mr Day appearing for the applicant in Adelaide and Mr Price for the respondent in Sydney.

3. The claim for interim relief seeks orders based upon accompanying affidavits which seek first of all an order abridging time for service of the proceedings, and secondly, seeks an order as follows:

   “An order in the nature of an interim injunction pursuant to section 46PP of the Human Rights and Equal Opportunity Commission Act 1986 (Cwlth) to prevent the respondent from imposing a…