Hastwell v Kott Gunning

[2021] FCAFC 70

Full Court of the Federal Court13 May 2021

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Interrogate

Catchwords

1. Human Rights
2. › Discrimination
3. › Sexual discrimination and disability discrimination by employer
4. › Claim for loss and damage from exacerbation of anxiety and depression
5. › Refusal to undergo psychiatric examination by respondent's nominated expert
6. › Permanent stay of proceedings
1. Practice and Procedure
2. › Stay of proceedings
3. › Power of Federal Court to stay proceedings absent specific statutory authority for compulsory medical examination
4. › Distinction between order compelling examination and stay conditional on refusal
5. › Permanent stay as just determination of cause
1. Practice and Procedure
2. › Interlocutory orders
3. › Whether permanent stay order is interlocutory
4. › Whether order affects liberty of an individual
5. › Leave to appeal under s 24(1A) Federal Court of Australia Act 1976 (Cth)
1. Evidence
2. › Hearsay and opinion evidence
3. › Admission of extracts of psychiatric report contained in pleading filed in separate proceedings
4. › Limited purpose of admission to demonstrate proper basis for seeking medical examination
5. › Distinction between proof of truth of opinion and proof of fact that opinion was held

Quick Take

Persistent refusal to submit to a reasonable request for medical examination in discrimination proceedings under the AHRC Act may result in a permanent stay of proceedings, and the absence of specific statutory authority for compulsory medical examination in the AHRC Act does not preclude the court from exercising its general power under s 23 of the Federal Court Act.