MULLIGAN v Virgin Australia Airlines Pty Ltd

The applicant, Mulligan, brought proceedings against the respondent, Virgin Australia Airlines Pty Ltd, alleging discrimination on the basis of his disability. The dispute concerned Mulligan's claim that Virgin Australia had unlawfully discriminated against him by refusing to allow him to travel on a flight due to his service dog. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether Virgin Australia's refusal to permit Mulligan to travel with his service dog constituted unlawful discrimination under the *Disability Discrimination Act 1992* (Cth). This required the Court to consider the definition of a "service dog" and whether Virgin Australia had provided reasonable adjustments or accommodations for Mulligan's disability.

Judge Street found that the evidence did not establish that Mulligan's dog was a "service dog" as defined by the relevant provisions of the *Disability Discrimination Act 1992* (Cth). The Court noted that the onus was on the applicant to prove that the dog met the statutory definition. Without this proof, the Court could not find that Virgin Australia's actions were discriminatory. Consequently, the application was dismissed.