Full Court Minute Books

Case H7/2021

Citta Hobart Pty Ltd  & Anor v. Cawthorn

Case No.

H7/2021

Case Information

Lower Court Judgment

23/12/2020 Supreme Court of Tasmania (Full Court) (Blow CJ, Wood and Estcourt JJ)

[2020] TASFC 15

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).

Documents*

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

*The due dates shown for documents on this page are indicative only.