The respondent's s 75 summary dismissal application was dismissed in part: the applicant's discrimination claims under the Equal Opportunity Act 2010 (Vic) were permitted to proceed, but the 'Procedural Breach – Student Misconduct Regulations' claim was struck out as vexatious given prior unsuccessful proceedings in other jurisdictions on the same procedural grounds. The Tribunal reaffirmed the high threshold for summary dismissal, emphasising that deficiencies in particulars are generally insufficient to strike out a claim entirely, and that where a respondent has failed to provide key witness evidence despite multiple orders, an applicant should not be denied the opportunity to test the case at hearing. The pursuit of a separate cause of action (discrimination) in the appropriate jurisdiction is not vexatious merely because related procedural complaints failed elsewhere. The matter was listed for a one-day hearing with directions for further and better particulars.
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