Tomasevic v State of Victoria (Dept Education & Training) & Anor

[2006] HCATrans 479

[2006] HCATrans 479

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M14 of 2006

B e t w e e n -

MILAN TOMASEVIC

Applicant

and

STATE OF VICTORIA (DEPARTMENT OF EDUCATION & TRAINING)

First Respondent

BERT VAN HALEN

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.21 AM

Copyright in the High Court of Australia

GUMMOW J:   In May 2001 the applicant, a teacher, lodged a complaint (“the first complaint”) with the Equal Opportunity Commission Victoria alleging discrimination on the grounds of race and impairment between 1998 and 2000.  It was struck out in 2002 by the Victorian Civil and Administrative Tribunal (“the Tribunal”). 

In June 2004 an inquiry into the fitness of the applicant to teach took place.  In that inquiry he filed material claiming, for the first time, sexual harassment by employees of the first respondent.  It is these allegations which underpin his second complaint. 

On 30 August 2004 the applicant succeeded in having the first complaint reinstated. 

The Tribunal then struck out both complaints as hopeless. 

An appeal lay to the Supreme Court of Victoria on a question of law.  Smith J dismissed an appeal brought supposedly on that ground by the applicant.  The Victorian Court of Appeal (Ormiston and Callaway JJA) refused leave to appeal.

The applicant has not demonstrated any error of law on the part of the Tribunal or the judges below.  An application to extend the time within which this application should have been brought should be refused because it would be futile to grant special leave. 

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.22 AM THE MATTER WAS CONCLUDED