Mason & Anor v Methodist Ladies College - [2009] FMCA 570

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

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

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”.
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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2009] FMCA 570
Decision Date: 17 June 2009

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

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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