Zoiti, T. v Cheesecake Factory P/L

[1993] FCA 722

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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 , .
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