FEDERAL COURT OF AUSTRALIA
Reurich v Savills (SA) Pty Ltd [2025] FCA 420
File number: NSD 29 of 2024 Judgment of: RAPER J Date of judgment: 30 April 2025 Catchwords: DISCRIMINATION LAW – where the applicant was barred, then repeatedly barred from access to premises (a shopping centre) – whether the applicant was directly or indirectly discriminated against by the first and second respondents by reason of his disability or having an assistance animal under s 23 of the Disability Discrimination Act 1992 (Cth) – whether the applicant was victimised, pursuant to ss 42 or 58A of the DDA, by reason of having made a complaint about the third respondent previously to the Australian Human Rights Commission and/or bringing proceedings – where the applicant claims that the respondents incited others pursuant to s 43 of the DDA – whether the Court has no jurisdiction with respect to s 42 criminal victimisation claim or s 43 criminal incitement claim – whether s 58A civil victimisation claim is established – application dismissed Legislation: Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) sch 7 item 12
Disability Discrimination Act 1992 (Cth) ss 4, 5, 6, 8, 9, 23, 24, 42, 43, 54A, 58A, 122, 123
Sex Discrimination Act 1984 (Cth) s 94
Cases cited: Australian Medical Council v Wilson (Siddiqui’s case) (1996) 68 FCR 46; 137 ALR 653
Bibawi v Australian Human Rights Commission [2021] FCA 1476
Georgiou v Spencer Holdings Pty Ltd (No 2) [2011] FCA 22
Haar v Maldon Nominees Pty Ltd (t/a McDonalds) [2000] FMCA 5; 184 ALR 83
Hanson v Burston [2022] FCA 1234
Haraksin v Murrays Australia Ltd (No 2) [2013] FCA 217; 211 FCR 1
Ioannou v Commonwealth [2012] FCA 1228
KLK Investments Pty Ltd v Riley (1993) 10 WAR 523
Mulligan v Virgin Australia Airlines [2015] FCAFC 130; 254 FCR 207
Myers v Alfred Hospital [2023] FCA 833
O’Connor v Ross (No 1) [2002] FMCA 210
Penhall-Jones v State of NSW [2007] FCA 925
Purvis v State of New South Wales [2003] HCA 62; 217 CLR 92
Queensland v Forest [2008] FCAFC 96; 168 FCR 532
Reurich v Club Jervis Bay Ltd [2018] FCA 1220; 360 ALR 296
Sharma v Legal Aid (Qld) [2002] FCAFC 196; 115 IR 91
Sheehan v Tin Can Bay Country Club [2002] FMCA 95
Sklavos v Australasian College of Dermatologists [2017] FCAFC 128; 256 FCR 247
Sluggett v Human Rights & Equal Opportunity Commission [2002] FCA 987; 123 FCR 561
State of New South Wales – Sydney Trains v Annovazzi [2024] FCAFC 120
Taylor v August and Pemberton Pty Ltd [2023] FCA 1313; 328 IR 1
Walker v Victoria [2011] FCA 258
Walker v Victoria [2012] FCAFC 38
C Ronalds AO and B Byrnes, Discrimination Law and Practice (The Federation Press, 6th edn, 2024)
Division: General Division Registry: New South Wales National Practice Area: Administrative and Constitutional Law and Human Rights Number…
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- Case
- [2025] FCA 420
- Decision Date
CaseChat Overview and Summary
The court found that the applicant's claims of direct and indirect discrimination, as well as the criminal incitement, were not valid. The court determined that it lacked jurisdiction over the criminal victimisation and incitement claims, and therefore, these claims were dismissed. The court also found that the applicant's claim of civil victimisation was not established. Consequently, the applicant's application was dismissed in its entirety. The court noted that the losing party usually pays the other parties' costs, but it was uncertain whether the respondents would pursue their costs. The court made timetabling orders for the potential application for costs and set a deadline for any submissions.
The court concluded that the application must be dismissed due to the lack of valid claims and jurisdiction over certain parts of the application. The court ordered that the application be dismissed, and any application for costs must be filed and served by a specific deadline. If no application for costs was made within the specified timeframe, there would be no order as to costs. The court referred to Rule 39.32 of the Federal Court Rules 2011 for the entry of orders.
Orders
Orders of the court
1. The application be dismissed.
2. Any application for costs, together with any evidence and submissions (of not more than three pages) be filed and served by 4:00pm on 7 May 2025.
3. Any affidavit(s) and submissions (of not more than three pages) in response be filed and served by 4:00pm on 23 May 2025.
4. Any application for costs be determined on the papers.
5. If no application for costs is made within the time frame fixed by order 2 above, there be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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