Waters & Ors v Public Transport Corporation

This matter came before the High Court of Australia concerning a dispute between the Public Transport Corporation and Waters and others. The original complaints related to the use of "scratch" tickets and the abolition of conductors on modern trams. While the issue of "scratch" tickets had become largely academic due to the Corporation reverting to a traditional ticketing system, the appeal to Justice Phillips had been brought against orders made in respect of them. The primary focus of submissions before the High Court was on the issue of driver-only trams.

The legal issues before the court included whether the Public Transport Corporation's actions constituted discrimination under section 17(5) of the relevant legislation, particularly in relation to the operation of driver-only trams. A further issue was the applicability and effect of a defence under section 39 of the legislation. The court was also required to consider the implications of the Corporation's policy changes regarding ticketing and the operation of trams on the ongoing dispute.

The court noted that Justice Phillips would have found discrimination under section 17(5) regarding "scratch" tickets had he not found for the Corporation under section 39. The discussion indicated that the Corporation intended to operate modern trams without conductors, which was the central point of contention regarding discrimination. The case was proceeding with submissions directed towards the driver-only tram issue, with the "scratch" ticket matter being of lesser immediate relevance due to the Corporation's policy changes.