Wickham v Victoria Legal Aid

In the matter of Wickham v Victoria Legal Aid, the applicant, Ms Wickham, sought an extension of time to initiate proceedings in the Federal Court under section 46PO(2) of the Australian Human Rights Commission Act 1986 (Cth). Ms Wickham, who is now nearly 82 years of age, had previously lodged a complaint with the Australian Human Rights Commission (AHRC) alleging unlawful discrimination on the basis of age during her employment with Victoria Legal Aid (VLA). The AHRC terminated Ms Wickham’s complaint on 13 August 2018, and she subsequently sought to initiate proceedings in the Federal Court within the 21-day period prescribed by the Act.

The court was required to decide whether to grant Ms Wickham an extension of time to initiate proceedings in the Federal Court. In doing so, the court had to consider the explanation provided by Ms Wickham for the delay in initiating proceedings, the potential prejudice to VLA if the extension was granted, the merits of Ms Wickham's case for unlawful discrimination, and the fairness between the parties and the justice of the case. The court was required to balance the competing considerations of ensuring that the applicant had a reasonable opportunity to pursue her complaint while also protecting the respondent from undue delay and potential prejudice.

The court dismissed Ms Wickham’s application for an extension of time, finding that she had not established that there was sufficient merit in the application to justify the extension of time sought. The court found that the explanation provided by Ms Wickham for the delay in initiating proceedings was not satisfactory, and that there was significant prejudice to VLA if the extension was granted. The court also found that the merits of Ms Wickham's case for unlawful discrimination were weak, and that the balance of fairness between the parties and the justice of the case did not favour granting an extension of time.

The court dismissed the application for an extension of time, with no order as to costs unless a party notifies the Court in writing by 4.00pm on 18 September 2019, indicating opposition to this order.