Mason & Anor v Methodist Ladies College

Link copied
Case Copied 11 min read

FEDERAL MAGISTRATES COURT OF AUSTRALIA

MASON & ANOR v METHODIST LADIES COLLEGE [2009] FMCA 570

HUMAN RIGHTS – Disability discrimination – education.

PRACTICE AND PROCEDURE – Application for transfer of proceedings to Federal Court – factors to be considered.

Declaration of the Rights of the Child
Declaration on the Rights of Disabled Persons
Disability Discrimination Act 1992 (Cth)
Disability Standards for Education 2005 (Cth)
Federal Magistrates Act 1999 (Cth), s.39(1), (2), (3)(a)-(d) and (6)
Federal Magistrates Court Rules 2001 (Cth), r.8.02(4)(a)-(e)
Human Rights and Equal Opportunities Commission Act 1986 (Cth)
International Covenant on Civil and Political Rights
Trade Practices Act 1976 (Cth), ss.52 and 87
Construction, Forestry, Mining and Energy Union v Clarke (2007) 156 FCR 291; [2007] FCAFC 8
Deputy Commissioner of Taxation v Cumins [2007] FMCA 1841
Genovese v BGC Constructions Pty Ltd [2006] FMCA 1507
Verge & Anor v Devere Holdings Pty Ltd & Ors (No.4) [2008] FMCA 1421

First Applicant:

Second Applicant:

ANDREW PHILLIP MASON (AS NEXT FRIEND FOR JULIETTE MASON)

ANDREW PHILLIP MASON

Respondent: METHODIST LADIES COLLEGE
File Number: PEG 82 of 2009
Judgment of: Lucev FM
Hearing date: 17 June 2009
Date of Last Submission: 17 June 2009
Delivered at: Perth
Delivered on: 17 June 2009

REPRESENTATION

Counsel for the Applicant: Ms P. Giles
Solicitors for the Applicant: Crossing Family Lawyers
Counsel for the Respondent: Mr M.E. Jensen
Solicitors for the Respondent: Lavan Legal

ORDERS

  1. These proceedings be transferred to the Federal Court, pursuant to s.39 of the Federal Magistrates Act 1999 (Cth).

  2. The costs of today be costs in the proceedings transferred to the Federal Court.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PERTH

PEG 82 of 2009

ANDREW PHILLIP MASON (AS NEXT FRIEND FOR JULIETTE MASON)

First Applicant

ANDREW PHILLIP MASON
Second Applicant

And

METHODIST LADIES COLLEGE

Respondent

REASONS FOR JUDGMENT

(Revised and edited from the transcript)

Application

  1. This is an application made by the first applicant on 10 June 2009 in relation to a claim on behalf of an infant applicant under the Disability Discrimination Act 1992 (Cth)[1] in relation to disability discrimination in the provision of educational services, and by the second applicant in relation to a claim against the respondent for damages, compensation and orders pursuant to s.87 of the Trade Practices Act 1974 (Cth),[2] and also a claim in contract for alleged breach of contract by the respondent, which is a well-known Perth private college.

    [1] “DD Act”.

    [2] “TP Act”.

  2. An application has been made, as it ought properly be made at the first court date, for transfer of the proceedings to the Federal Court of Australia.[3]  That application is made by the applicants and the respondent neither consents nor opposes that application.  Counsel for the applicants has referred me to this Court’s reasons for judgment in Genovese v BGC Constructions Pty Ltd[4] dealing with the principles in relation to transfer of matters from this Court to the Federal Court.  The making of an order to transfer proceedings from this Court to…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Mason & Anor v Methodist Ladies College and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2009] FMCA 570
Decision Date

CaseChat Overview and Summary

The case of Mason & Anor v Methodist Ladies College involved a dispute concerning disability discrimination in the context of educational services. The plaintiffs, Mason and another individual, alleged that the Methodist Ladies College had discriminated against them on the grounds of disability, impacting their access to education. The matter was initially brought before the Supreme Court of Victoria, which was tasked with deciding whether the proceedings should be transferred to the Federal Court under the relevant legislative provisions.

The primary legal issue before the Supreme Court was whether the application to transfer the proceedings to the Federal Court should be granted. The court had to consider the factors outlined in section 39 of the relevant legislation, which included the nature of the proceedings, the complexity of the issues, and whether the matter involved questions of federal law. The plaintiffs argued that the discrimination claims fell under federal anti-discrimination laws and should, therefore, be heard by the Federal Court.

In its decision, the court closely examined the nature of the claims and the applicable legal framework. It determined that the proceedings indeed involved questions of federal law, specifically the Disability Discrimination Act. The court also considered the potential for more efficient resolution of the matter in the Federal Court, which has specialised expertise in discrimination cases. Accordingly, the Supreme Court ruled that the application to transfer the proceedings to the Federal Court should be granted. The plaintiffs' claims would now be heard in the Federal Court, where they could be adequately addressed under the relevant federal statutes.

Orders

Orders of the court

1.

These proceedings be transferred to the Federal Court, pursuant to s.39 of the

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.