Prosser v Trustees of the Roman Catholic Church for the Diocese of Wagga Wagga

The applicant, Prosser, brought proceedings against the Trustees of the Roman Catholic Church for the Diocese of Wagga Wagga, alleging unlawful discrimination on the basis of disability. The respondent sought summary dismissal of the application pursuant to Rule 13.10 of the Federal Circuit Court Rules 2001 (Cth), arguing that the proceedings had no reasonable prospects of success and constituted an abuse of process.

The court was required to determine whether the applicant's claim of disability discrimination had reasonable prospects of success and whether the proceedings were an abuse of process. Specifically, the court considered whether the applicant had established a prima facie case of discrimination that warranted further investigation.

Judge Nicholls found that the applicant had failed to provide sufficient evidence to establish a prima facie case of unlawful discrimination. The court reasoned that the applicant had not demonstrated that the alleged discriminatory acts were connected to their disability, nor had they shown that they were treated less favourably because of that disability. Consequently, the court concluded that the proceedings had no reasonable prospects of success and were an abuse of process.

The application for summary dismissal was granted, and the substantive application brought by the applicant was dismissed.