Maiocchi v Royal Australian & New Zealand College of Psychiatrists

Dr Licia Maiocchi commenced proceedings in the Federal Court against 13 respondents, including a number of psychiatrists and entities with which they were associated. The proceeding was initiated by an application which was filed on 15 June 2012. The applicant was ordered to file an amended application and a statement of claim. She filed a statement of claim but did not file an amended application. The applicant’s statement of claim was 111 pages long. The applicant’s claims against 13 respondents included claims of discrimination and victimisation based upon the Racial Discrimination Act 1975 (Cth) and other statutory provisions. The applicants claims against the various respondents were either dismissed or struck out, and she was ordered to re-plead her claims against the remaining respondents. The court considered whether the proceeding against each of the respondents lacked reasonable prospects of success. It found that the proceeding against six of the respondents lacked reasonable prospects of success. The court found that the proceeding against the remaining respondents might have reasonable prospects of success, but the applicant’s claims were poorly pleaded. The court gave the applicant leave to re-plead her claims against the remaining respondents. The applicant was ordered to re-plead her claims by 14 February 2014 and provide copies of the proposed pleadings to the court and the remaining respondents by 18 February 2014. The proceeding was listed for further directions on 21 February 2014.