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[1999] VCAT 628
Victorian Civil and Administrative Tribunal
1999-04-09
Original judgment source is linked above.
For the reasons given above the Tribunal concludes that this application fails but that it should make the additional orders referred to in chapters 4.1 and 4.6 above.
The Tribunal proposes also to order that there be filed consolidated particulars of complaint based on the particulars filed with the Tribunal and dated 23 November 1998. The Tribunal makes no order as to costs.
On application by the respondent under section 75 of the Victorian Civil and Administrative Tribunal Act (the ), on reading the original statement of complaint, the particulars of complaint and the material filed by the parties in relation to the application, and on hearing Ms Rachel Doyle of counsel for the respondent, the applicant in these proceedings, and Mr Brian Lacy of counsel for the complainant, this Tribunal orders as follows:
1. that pursuant to section 75 of the VCAT Act this application fails;
2. that on or before 1 May 1999 the complainant file with the Tribunal and serve on the respondent further particulars of complaint relating to the original statement of claim in respect of the claim of discrimination in employment on the ground of sex;
3. that on or before 1 May 1999 the complainant also file with the Tribunal and serve on the respondent further particulars of complaint stating:
(a) whether or not she claims indirect discrimination; and, if so:
(b) what is the requirement, condition or practice which she alleges; and
(c) how her claim falls under the other provisions of section 9 of the Equal Opportunity Act 1995;
4. that the further particulars of complaint referred to in paragraphs 2 and 3 hereof be consolidated together with the particulars of complaint dated 23 November 1998 already filed with the Tribunal (`the first particulars of complaint'), such consolidated particulars to indicate any additions to or deletions from the first particulars of complaint; and
Jamieson Mary
Australian Worker's Union & Anor [1999] VCAT 628