FEDERAL MAGISTRATES COURT OF AUSTRALIA
| IBRAHIM v AUSTRALIAN DENTAL COUNCIL | [2012] FMCA 612 |
| HUMAN RIGHTS – Application in a case for summary dismissal – originating application alleging racial discrimination – no reasonable prospect of success – application dismissed. |
| Australian Human Rights Commission Act 1986 (Cth), ss.46PH, 46PO Evidence Act 1995 (Cth), ss.59, 79, 135 Federal Court Act 1976 (Cth), s.31A Federal Magistrates Court Act 1999 (Cth), s.17A Federal Magistrates Court Rules 2001 (Cth), r.13.10 Racial Discrimination Act 1975 (Cth), ss.9, 10, 11, 13, 15, 16, 18A, 18C, 27 |
| Applicant: | MOHAMED IBRAHIM |
| Respondent: | AUSTRALIAN DENTAL COUNCIL |
| File Number: | SYG 340 of 2012 |
| Judgment of: | Nicholls FM |
| Hearing date: | 15 June 2012 |
| Date of Last Submission: | 6 July 2012 |
| Delivered at: | Sydney |
| Delivered on: | 20 September 2012 |
REPRESENTATION
| The Applicant: | In Person |
| Counsel for the Respondent: | Mr S Adair |
| Solicitors for the Respondent: | Sparke Helmore |
ORDERS
The application made on 15 February 2012, amended on 28 March 2012 and further amended on 11 April 2012, is dismissed pursuant to Rule 13.10(a) of the Federal Magistrates Court Rules2001 (Cth).
The applicant pay the respondent’s costs as agreed or taxed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 340 of 2012
| MOHAMED IBRAHIM |
Applicant
And
| AUSTRALIAN DENTAL COUNCIL |
Respondent
REASONS FOR JUDGMENT
Before the Court for current consideration is the respondent’s Application in a Case, made on 20 April 2012, pursuant to r.13.10 of the Federal Magistrates Court Rules 2001 (Cth) (“the FMC Rules”), seeking summary dismissal of the substantive application in this matter.
On 15 February 2012 Mr Mohamed Ibrahim (“the applicant”) made an application (“the originating application”) to this Court, pursuant to s.46PO of the Australian Human Rights Commission Act 1986 (Cth) (“the AHRC Act”), amended on 28 March 2012 and further amended on 11 April 2012, in which he alleged discrimination by the respondent, the Australian Dental Council (“the ADC”), under the Racial Discrimination Act 1975 (Cth) (“the RDA”).
Introduction and Background
In January 2006 the applicant applied to the ADC for registration to practice as a dentist in Australia. He previously had been a practising dentist in Egypt.
The respondent was, and is, responsible for administering the relevant examination that is a prerequisite to gaining registration in Australia. That examination has three stages, all of which must be passed by a candidate in order to be conferred recognition:
1)An English language…
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- Case
- [2012] FMCA 612
- Decision Date
CaseChat Overview and Summary
The court considered the application for summary dismissal and the need to focus on legal issues. It noted that the applicant, being unrepresented, faced difficulties in framing his case within a legal context. The court provided detailed instructions to the applicant on how to amend his points of claim to address specific issues and required him to file and serve an amended document by a specified date. The court also set out detailed issues that the amended points of claim needed to address and listed the respondent’s application for summary dismissal and, if necessary, the applicant’s application for hearing on a specific date.
The court dismissed the application made by the applicant, as amended, and gave specific reasons for its decision. The applicant was given another opportunity to properly plead and present his legal arguments, as the court found that his case, as currently pleaded, was deficient. The court ordered the applicant to file and serve an amended points of claim by the specified date, and listed the respondent’s application for summary dismissal and, if necessary, the applicant’s application for hearing on a future date. The court also provided instructions on the evidence to be filed and served by both parties.
Orders
Orders of the court
1.
The application made on 15 February 2012, amended on 28 March 2012 and further amended on 11 April 2012, is dismissed pursuant to Rule 13.10(a) of the
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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