Wood v Lee-Joe

In the Federal Court of Australia, the applicant, Ms. Wood, sought an interim injunction against the respondent, Mr. Lee-Joe. The dispute concerned an alleged contravention of section 25(2)(b) of the *Disability Discrimination Act 1999* (Cth), which relates to the provision of services to a person with a disability. Ms. Wood, acting as a carer, sought to bring the application on behalf of the person claiming disability.

The court was required to determine several key legal issues. Firstly, it had to consider whether a carer possesses the legal standing to make an application under section 46PO(1) of the *Australian Human Rights Commission Act 1986* (Cth) on behalf of a person alleging discrimination due to disability. Secondly, the court examined whether section 12(8) of the *Disability Discrimination Act 1999* (Cth) operated to divest the court of jurisdiction to hear an application alleging a contravention of section 25(2)(b) of that Act. Finally, the court assessed whether a prima facie case of unlawful discrimination had been established and whether the balance of convenience favoured the granting of an interim injunction.

Justice Manousaridis reasoned that the carer did not have standing to bring the application under section 46PO(1) of the *Australian Human Rights Commission Act 1986* (Cth) as the Act requires the application to be made by the person aggrieved. Furthermore, the court found that section 12(8) of the *Disability Discrimination Act 1999* (Cth) did not preclude the court from dealing with the application, as it did not deny jurisdiction. However, as no prima facie case of discrimination was made out, and the balance of convenience did not favour the applicant, the application for an interim injunction was refused.