Lu v University of New South Wales (No 2)

The case of Lu v University of New South Wales (No 2) involved Ms Lu, a former student of the University of New South Wales, who lodged a complaint with the Australian Human Rights Commission (AHRC) against the university for alleged unlawful discrimination on the grounds of disability, race, sex, and marital status, as well as victimisation. Ms Lu claimed that she had been subjected to unfair treatment and bullying by the university’s staff. The AHRC terminated the complaint under section 46PH(1)(c) of the Australian Human Rights Commission Act 1986 (Cth), finding that the continuation of an inquiry was not warranted. Ms Lu subsequently filed an originating application in the Federal Court seeking remedies without obtaining the necessary leave as required by section 46PO(3A)(a) of the AHRC Act. The university opposed the grant of leave, and the court was required to decide whether leave should be granted for Ms Lu to proceed with her application.

The court considered the legal framework and the procedural history of the case. It noted that Ms Lu had not sought or obtained leave to file her application before proceeding, rendering her application strictly incompetent. However, the court acknowledged that leave could be granted after the event. The court also examined the evidence provided by Ms Lu, which included unsubstantiated allegations and invective, and her multiple adjournment requests that were denied due to her unfitness to proceed and attempts to derail the hearing.

In its reasoning, the court highlighted the importance of adhering to the statutory requirements and procedural rules. The court found that Ms Lu's application was deficient in meeting the necessary criteria for leave to be granted. The unsubstantiated allegations and procedural misconduct demonstrated a lack of seriousness and merit in her claims. The court concluded that granting leave would not serve the interests of justice and that the application should be dismissed.

The court ordered that leave to make an application pursuant to section 46PO(1) of the Australian Human Rights Commission Act 1984 (Cth) be refused, the originating application be dismissed, and that Ms Lu pay the respondent’s costs. This decision underscored the necessity for complainants to follow the proper legal channels and present credible evidence to support their claims.