Matthews v Hargreaves
Case
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[2010] FMCA 840
•1 November 2010
Details
AGLC
Case
Decision Date
Matthews v Hargreaves [2010] FMCA 840
[2010] FMCA 840
1 November 2010
CaseChat Overview and Summary
Matthews sought an extension of time to file an application under section 46PO of the Australian Human Rights Commission Act 1986 (Cth) against Hargreaves. The application was in relation to alleged discrimination on the basis of disability and criminal record. The application was heard in the Federal Circuit Court of Australia.
The court had to decide whether to grant Matthews an extension of time to file an application under section 46PO of the Act in relation to the alleged discrimination. The court had to consider the merits of the application and the reasons for the delay in filing the application. The court also had to decide whether to grant an extension in relation to the alleged discrimination on the basis of criminal record.
The court granted an extension of time in relation to the alleged discrimination on the basis of disability but dismissed the application in relation to the alleged discrimination on the basis of criminal record. The court found that Matthews had provided sufficient evidence to support the allegation of discrimination on the basis of disability and that the delay in filing the application was due to circumstances beyond Matthews' control. However, the court found that Matthews had not provided sufficient evidence to support the allegation of discrimination on the basis of criminal record. The matter was adjourned to 10:15am on 29 November 2010 for further directions, with both parties having liberty to appear by telephone.
The court had to decide whether to grant Matthews an extension of time to file an application under section 46PO of the Act in relation to the alleged discrimination. The court had to consider the merits of the application and the reasons for the delay in filing the application. The court also had to decide whether to grant an extension in relation to the alleged discrimination on the basis of criminal record.
The court granted an extension of time in relation to the alleged discrimination on the basis of disability but dismissed the application in relation to the alleged discrimination on the basis of criminal record. The court found that Matthews had provided sufficient evidence to support the allegation of discrimination on the basis of disability and that the delay in filing the application was due to circumstances beyond Matthews' control. However, the court found that Matthews had not provided sufficient evidence to support the allegation of discrimination on the basis of criminal record. The matter was adjourned to 10:15am on 29 November 2010 for further directions, with both parties having liberty to appear by telephone.
Details
Key Legal Topics
Areas of Law
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Human Rights Law
Legal Concepts
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Limitation Periods
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Discrimination
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Extension of Time
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Citations
Matthews v Hargreaves [2010] FMCA 840
Most Recent Citation
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Cases Cited
8
Statutory Material Cited
5
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