Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Southey v Australian Press Council [2023] NSWCATAD 145 Hearing dates: 28 March 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member
K Stubbs, General MemberDecision: (1) The proceedings in 2022/00295291 is dismissed pursuant to s55(1)(b) of the Civil and Administrative Tribunal Act 2013.
(2) The remainder of the Respondent’s interlocutory application made on 13 February 2023 is dismissed.
Catchwords: PRACTICE AND PROCEDURE – summary dismissal of proceedings under s55(1)(b) of the Civil and Administrative Act 2013 – whether the applicant’s discrimination claims are frivolous or vexatious or otherwise misconceived or lacking in substance.
HUMAN RIGHTS – discrimination – on the ground of transgender – provisions of goods and services
Legislation Cited: Cases Cited: Australian Iron and Steel Pty. Ltd. v. Banovic (1989) 168 CLR 165
Hall v A & A Sheiban Pty Ltd [1989] FCA 72; (1989) 20 FCR 217
Seventh Day Adventist Church (North NSW Conference) Ltd v Seupule-Feau [2016] NSWCATAP 256
Southey v Australian Press Council [2022] NSWCATAD 348
Southey v Australian Press Council Inc [2021] NSWCATAD 329
Australian Press Council Inc v Southey [2021] NSWCATAP 9
Waters v Public Transport Corporation [1991] HCA 49; 173 CLR 349
Texts Cited: None cited
Category: Procedural rulings Parties: Claire Southey (Applicant)
Australian Press Council Inc (Respondent)Representation: Counsel:
Solicitors:
C Ronalds AO SC (Respondent)
Sparke Helmore Lawyers (Respondent)
Applicant (Self Represented)
File Number(s): 2022/00295291 and 2022/00233496 Publication restriction: Nil
REASONS FOR DECISION
Background
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Ms Southey, the applicant in this proceeding, brought discrimination claims pursuant to the Anti-Discrimination Act (NSW) (the AD Act) against Australian Press Council (APC) in proceedings 2022/00295291 and 2022/00233496.
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The APC sought to summarily dismiss the proceedings in 2022/233496 on 30 August 2022, the Tribunal dismissed the APC’s application in Southey v Australian Press Council [2022] NSWCATAD 348 (Southey 2022 Decision). Subsequently, Ms Southey filed separate Points of Claim in each proceeding.
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On 13 February 2023, the APC made an interlocutory application that the proceedings in 2022/00295291 and 2022/00233496 be summarily dismissed pursuant to s55(1)(b) of the CAT Act on the basis that they are frivolous or vexations or otherwise misconceived or lacking in substance.
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For the reasons that follow, we have decided to:
grant the application for summary dismissal as to the proceedings in 2022/00295291 concerning publications published in January 2019 involving Ms Amati.
dismiss the application for summary dismissal as to the proceeding in 2022/233496 concerning publications published in December 2018 involving Mr Huntley.
The President’s Reports
2022/00295291 Ms Amati
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On 8 April 2020, the President of the Anti-Discrimination Board (ADB) received a complaint from Ms Southey alleging transgender discrimination in the provisions of goods and services as to APC’s conduct in regard to a publication involving Ms Amati.
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Unfortunately, the complaint was overlooked and not accepted for investigation until 18 January 2022 by which time it was over 18…
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- Case
- [2023] NSWCATAD 145
- Decision Date
CaseChat Overview and Summary
The key legal issues the court had to address were whether the tribunal was correct in summarily dismissing Southey's claims as frivolous or vexatious, and whether these claims were otherwise misconceived or lacking in substance. The court had to examine the specific provisions of the Civil and Administrative Tribunal Act 2013 and consider the relevant criteria for summary dismissal, particularly under section 55(1)(b). The court also had to assess the validity and substance of Southey's discrimination claims in the context of the relevant human rights provisions concerning discrimination on the grounds of gender identity.
The tribunal, upon reviewing the submissions and evidence, upheld the decision to dismiss Southey's claims. It found that the claims were indeed frivolous or vexatious and lacking in substance. The tribunal reasoned that Southey's claims did not meet the threshold for proceeding, as they were not well-founded and did not present a serious issue to be tried. The court determined that the dismissal was appropriate under the relevant statutory provisions and that the tribunal had correctly exercised its discretion. Consequently, the tribunal's decision to dismiss the proceedings was affirmed, and the remainder of the respondent’s interlocutory application was also dismissed.
Orders
Orders of the court
(1) The proceedings in 2022/00295291 is dismissed pursuant to s55(1)(b) of the Civil and Administrative Tribunal Act 2013.
(2) The remainder of the Respondent’s interlocutory application made on 13 February 2023 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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