Lower Court Judgment
23/12/2020 Supreme Court of Tasmania (Full Court) (Blow CJ, Wood and Estcourt JJ)
Catchwords
Constitutional law – Federal jurisdiction – Jurisdiction of State Tribunal – Inconsistency between Commonwealth and State laws – Discrimination – Disability Discrimination – Where respondent complained to Tasmania Anti-Discrimination Tribunal on basis applicants’ building development constituted disability discrimination under Anti-Discrimination Act 1998 (Tas) – Where applicants pleaded in defenceinconsistency with Disability Discrimination Act 1992 (Cth) pursuant to s 109 of Constitution – Where Tribunal dismissed complaint for lack of jurisdiction because determination of s 109 defence exercise of federal jurisdiction – Where Full Court allowed appeal on basis s 109 defence would not succeed – Whether Full Court applied correct test as to jurisdiction of State Tribunal – Whether Anti-Discrimination Act 1998 (Tas) inconsistent with Disability Discrimination Act 1992 (Cth).
13/08/2021 Hearing (SLA, Canberra by video connection)
27/08/2021 Notice of appeal
01/10/2021 Written submissions (Appellants)
01/10/2021 Chronology (Appellants)
28/10/2021 Written submissions (Attorney-General for the State of New South Wales, intervening)
29/10/2021 Written submissions (Attorney-General of the Commonwealth of Australia, intervening)
12/11/2021 Written submissions (Respondent)
24/11/2021 Proposed submissions (Australian Human Rights Commission, seeking leave to intervene)
26/11/2021 Written submissions (Attorney-General for the State of Western Australia, intervening)
26/11/2021 Written submissions (Attorney-General for the State of Tasmania, intervening)
26/11/2021 Written submissions (Attorney-General for the State of South Australia, intervening)
26/11/2021 Written submissions (Attorney-General of the State of Queensland, intervening)
26/11/2021 Written submissions (Attorney-General for the State of Victoria, intervening)
03/12/2021 Reply
08/02/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
08/02/2022 Outline of oral argument (Appellant)
08/02/2022 Outline of oral argument (Australian Human Rights Commission intervening)
08/02/2022 Outline of oral argument (Attorney-General of the Commonwealth intervening)
09/02/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
07/02/2022 Outline of oral argument (Attorney-General for the State of New South Wales intervening)
08/02/2022 Outline of oral argument (Attorney-General for the State of Queensland intervening)
08/02/2022 Outline of oral argument (Attorney-General for the State of South Australia intervening)
08/02/2022 Outline of oral argument (Respondent)
08/02/2022 Outline of oral argument (Attorney-General for the State of Western Australia intervening)
08/02/2022 Outline of oral argument (Attorney-General for the State of Victoria intervening)
07/02/2022 Outline of oral argument (Attorney-General for the State of Tasmania intervening)
04/05/2022 Judgment (Judgment summary)