Macras v Victoria Police

The applicant, Mr Macras, who suffers from Autism Spectrum Disorder, brought proceedings against Victoria Police. He alleged that he had been discriminated against on the basis of his disability and his motor vehicle, which he claimed was a disability aid, during a police interception and secondary oral fluid test on 5 November 2015. The applicant sought damages in the sum of $24,692,335.55. Victoria Police applied for the matter to be summarily dismissed.

The Federal Circuit Court of Australia was required to determine whether Victoria Police had engaged in direct or indirect discrimination, harassment, or victimisation against the applicant under the *Disability Discrimination Act 1999* (Cth). Specifically, the court had to consider whether the police, in intercepting the applicant and conducting the test, were providing a service within the meaning of the Act, and whether the applicant had been treated less favourably than a person without his disability would have been in similar circumstances. The court also had to consider Victoria Police's application for summary dismissal, including whether the applicant had any reasonable prospect of success and if the defects in his claims could be cured by amendment.

Judge McNab found that the applicant had failed to establish a causal connection between his disability and the actions of Victoria Police, which was a necessary element for demonstrating discrimination under the *Disability Discrimination Act 1999* (Cth). The court concluded that the applicant had no reasonable prospect of success and that the defects in his claims were unlikely to be cured by amendment or repleading, noting the applicant's history of filing multiple statements of claim. The court also observed that the applicant's approach to litigation appeared spurious.

Consequently, the court summarily dismissed the applicant's claims without granting leave to replead and set aside any subpoenas that had been issued.