› Workplace sexual harassment under s 93 Equal Opportunity Act 2010 (Vic)
Equal Opportunity
› Discrimination
› Direct discrimination on basis of gender under s 18 Equal Opportunity Act 2010 (Vic)
Practice and Procedure
› Non-compliance with Tribunal Orders
› Determination in favour of applicant under s 78 VCAT Act
Practice and Procedure
› Default and Striking Out
› Failure to file defence or evidence without reasonable excuse
Quick Take
1Persistent failure by a party to comply with multiple tribunal directions to file a defence, witness statements and submissions, without reasonable excuse, can justify the exercise of the discretionary power under s 78(2) of the VCAT Act to determine the proceeding in the other party's favour, even though such an order is a remedy of last resort.
2Unparticularised claims of mental health difficulties and inability to obtain legal representation, unsupported by evidence linking those matters to an incapacity to comply with written filing obligations, do not constitute a reasonable excuse for non-compliance with tribunal orders.
3The tribunal must balance the interests of both parties, including the prejudice to the compliant party from prolonged delay and the seriousness of depriving the non-compliant party of a hearing on the merits, before exercising the s 78 discretion.
