Mazukov v Human Rights and Equal Opportunity Commission

[2000] FCA 1534

FEDERAL COURT OF AUSTRALIA

Mazukov v Human Rights & Equal Opportunity Commission [2000] FCA 1534

Human Rights and Equal Opportunity Commission Act 1986  (Cth)

IVAN ANTONOV MAZUKOV v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
NO T 17 OF 2000

HEEREY J
5 OCTOBER 2000
HOBART

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY	T 17 OF 2000

BETWEEN:	IVAN ANTONOV MAZUKOV APPLICANT
AND:	HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION RESPONDENT
JUDGE:	HEEREY J
DATE OF ORDER:	5 OCTOBER 2000
WHERE MADE:	HOBART

THE COURT ORDERS THAT:

1.   The application is dismissed.

2.   The applicant pay the respondent’s costs to be taxed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY	T 17 OF 2000

BETWEEN:	IVAN ANTONOV MAZUKOV APPLICANT
AND:	HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION RESPONDENT

JUDGE:	HEEREY J
DATE:	5 OCTOBER
PLACE:	HOBART

REASONS FOR JUDGMENT

1. This is an application under the Human Rights and Equal Opportunity Commission Act 1986 (Cth). It involves a complaint as to alleged unlawful discrimination by the University of Tasmania and Professor Donald Chalmers of the University’s Law School. It is plain, as Mr Wilson pointed out, that the correct respondent is not the Human Rights and Equal Opportunity Commission but the University and/or Professor Chalmers. I think the only appropriate course is for me to dismiss the application. If the applicant wishes to proceed against the University or Professor Chalmers it will be necessary to apply for an extension of time. I cannot deal with that today because obviously that is a matter in which the new respondents would have a right to be heard so I will simply dismiss the application.

2. There will be an order that the applicant pay the respondent’s costs to be taxed.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey.

Associate:

Dated:             30 October 2000

Counsel for the Applicant:	The applicant appeared in person
Solicitor for the Applicant:	Mr D Wilson
Solicitor for the Respondent:	Human Rights and Equal Opportunity Commission
Date of Hearing:	5 October 2000
Date of Judgment:	5 October 2000