Zoiti, T. v Cheesecake Factory P/L

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722 93 1

JUDGMENT No. ........ ....,..... I ..., ........
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IN THE -FEDERAL c 6 m OF AUSTRA~IA ) 1'
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VICTORIA DISTRICT REGISTRY 1 No. NG 362 of 1993

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GENERAL DIVISION 1 1.-
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B E T W E E N :
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TINA ZOITI

Applicant 1

CHEESECAKE FACTORY PTY LIMITED i
Respondent

JUDGE : Heerey J

RECEIVED

DATE: 21 September 1993
PLACE :

Melbourne FEDERAL COURT OF

AUSTRALIA PRINCIPAL REQlSTRI
REASONS FOR JUDGMENT

The applicant by a notice of motion dated 15 September 1993, - - - r .
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applied for an order that a determination of the Human Rights +-

and Equal Opportunity Commission registered in this court on 9 June 1993, pursuant to s.82A of the Sex Discrimination Act 1984 (Cth) be made orders to this court. It seems to me on a reading of S. 82B(1) of the Sex Discrimination Act as amended by Act No. 179 of 1992, that upon registration of a determination under s.82A the determination has effect as if it were an order made by the Federal Court, subject to certain provisions in the remaining subsections of s.82B which are not relevant in the present case.
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I am told that this is the first application made under the I
new amendment to the legislation. There may have been some
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misunderstanding, but it seems to me that the effect of S. 82B ,

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is that once a determination is lodged for registration with

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the Federal Court, as the Commission is required to do under ; ,
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s.82A, that in itself is sufficient. The order, in this case 1
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an order for the payment of compensation by way of money, by t
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the very fact of registration has effect just like any other
order of the Federal Court and can be enforced in the same ,
way.

I certify that this and the
preceding page are a true copy of the reasons for judgment of his Honour Mr Justice Heerey.

Apuearances

Counsel for the applicant: MS E Lee
Solicitor for the applicant: Elizabeth Lee & CO
Date of hearing: 21 September 1993

JUDGES CHAMBERS.
FEDERAL COURT OF AUSTRALIA,

450 L m E BOURKE STREET,
MELBOURNE. 3000
6 October 1993

Sonia Cornale
Federal Court of Australia
Principal Registry
Law Courts Building
Queens Square

SYDNEY NSW 2000

Dear Sonia,

Re: Boral Australia v Alan Webb
No. VG 404 of 1993
Tina Zoiti v Cheesecake Factory
No. NG 362 of 1993
Black Hill Minerals Limited
No. VG 3263 of 1993
Globeleqance BV v Konstantinos Mantas

No. VG 25 of 1991

Alan Turner v Ronald William Trevorrow

No. VG 376 of 1992

I enclose copies of the above judgments delivered by his

Honour Mr Justice Heerey in the above matters.

These judgments are not for general distribution.

Regards,

David Brennan

Associate to Heerey J

CaseChat Overview and Summary

Tina Zoiti brought an application against Cheesecake Factory P/L in the Federal Court of Australia, specifically in the Victoria District Registry. The application sought an order for the registration of a determination made by the Human Rights and Equal Opportunity Commission under the Sex Discrimination Act 1984 (Cth). The determination, which was registered with the court on 9 June 1993, involved an order for the payment of compensation to the applicant.

The central legal issue before the court was whether the registration of the Commission's determination with the Federal Court, as mandated by s.82A of the Sex Discrimination Act, automatically conferred the same effect as if the determination were an order made directly by the Court. Specifically, the court needed to determine if the determination could be enforced in the same manner as any other Federal Court order upon its registration. This issue arose due to the amendments made to the Act by the Act No. 179 of 1992, which introduced changes to the procedure for dealing with determinations by the Commission.

Justice Heerey held that upon the registration of a determination by the Human Rights and Equal Opportunity Commission under s.82A of the Sex Discrimination Act, the determination has the same effect as an order made by the Federal Court. This conclusion was based on the provisions of s.82B(1) of the Act, which states that upon registration, a determination has effect as if it were an order made by the Court. The judge noted that this was the first application made under the new legislative amendment and observed that there might have been some misunderstanding regarding the operation of the amended provisions. The judge further clarified that the registration of the determination itself was sufficient to confer upon it the same status and enforceability as a Federal Court order. Consequently, the applicant's application for registration of the Commission's determination was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE -FEDERAL c 6 m OF AUSTRA~IA	)	1'
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VICTORIA DISTRICT REGISTRY	1	No. NG 362 of 1993

The applicant by a notice of motion dated 15 September 1993,	-	- -	r .
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the Federal Court, as the Commission is required to do under	; ,
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s.82A, that in itself is sufficient.	The order, in this case	1
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an order for the payment of compensation by way of money, by	t , .
the very fact of registration has effect just like any other
order of the Federal Court and can be enforced in the same	,
way.

Counsel for the applicant:	MS E Lee
Solicitor for the applicant:	Elizabeth Lee & CO
Date of hearing:	21 September 1993