Prior v Queensland University of Technology and Ors (No.2)

In *Prior v Queensland University of Technology and Ors (No.2)*, the applicant, Mr. Prior, brought proceedings against Queensland University of Technology and others, alleging racial discrimination under section 18C of the *Racial Discrimination Act 1975* (Cth). The dispute centred on whether certain words used by the respondents were reasonably likely to offend, insult, humiliate, or intimidate a person or group of people on the ground of their race, colour, or national or ethnic origin. The matter came before Judge Jarrett in the Federal Court of Australia.

The primary legal issue before the Court was whether Mr. Prior had a reasonable prospect of successfully prosecuting his claim of racial discrimination under section 18C. This required the Court to assess whether the conduct complained of met the threshold set by the section, namely whether the words used were, in all the circumstances, reasonably likely to cause offence, insult, humiliation, or intimidation. The Court also considered the procedural question of whether the proceedings should be summarily dismissed.

Judge Jarrett reasoned that for conduct to contravene section 18C, it must be more than merely offensive; it must be reasonably likely to offend, insult, humiliate, or intimidate. Applying this standard, the Court found that the words relied upon by Mr. Prior, when viewed objectively and in their context, were not reasonably likely to cause offence, insult, humiliation, or intimidation on the grounds of race, colour, or national or ethnic origin. Consequently, the Court concluded that Mr. Prior did not have a reasonable prospect of successfully prosecuting his claim.

The application was therefore dismissed.