Picos v Servcorp Limited (No 2)

In Picos v Servcorp Limited (No 2), the applicant, Ms Picos, sought an interlocutory injunction to restrain the respondent, Servcorp Limited, from carrying out an alleged unlawful act. The court was required to determine whether it had jurisdiction to hear the matter and if the statutory preconditions for a claim of unlawful discrimination under the Sex Discrimination Act 1984 (Cth) were satisfied. The court also considered whether interim injunctive relief was available under the Australian Human Rights Commission Act 1986 (Cth) once a complaint was terminated. The court ruled that it did not have jurisdiction to hear the matter as the statutory preconditions for the claim were not satisfied, and the process prescribed by the Australian Human Rights Commission Act 1986 (Cth) was an exclusive regime for remedying contraventions of the Sex Discrimination Act 1984 (Cth). Additionally, the court held that interim injunctive relief under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) was not available in the alternative. The interlocutory application filed by Ms Picos on 19 November 2014 was dismissed with costs, and the proceedings were dismissed for lack of jurisdiction with costs. The court found that Ms Picos had not been given a proper opportunity to be heard as she had chosen to leave the courtroom before the hearing of the respondent's interlocutory application. However, the court proceeded with the hearing in her absence as she had been aware of the application and its listing, and the respondent was ready to argue the matter.