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Tafao v State of Queensland[2018] QCAT 425

Tafao v State of Queensland[2018] QCAT 425

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Tafao v State of Queensland and Ors [2018] QCAT 425

PARTIES:

LEILANI TAFAO
(applicant)

 

v

 

STATE OF QUEENSLAND
(first respondent)

SERCO AUSTRALIA PTY LTD
(second respondent)

MARK WALTERS
(third respondent)

APPLICATION NO/S:

ADL075-16

MATTER TYPE:

Anti-discrimination matters

DELIVERED ON:

19 December 2018

HEARING DATE:

7 and 8 February 2018

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

ORDERS:

Each party must bear their own costs for the proceeding.

CATCHWORDS:

COSTS – Anti-discrimination proceeding

Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 100, 102

REPRESENTATION:

 

Applicant:

Ms S Robb of Counsel instructed by Caxton Legal Centre

First Respondent:

Mr J Merrell of Counsel instructed by Crown Law

Second Respondent:

Mr B Heath, Solicitor of Carter Newell Lawyers

Third Respondent:

Mr B Heath, Solicitor of Carter Newell Lawyers

APPEARANCES:

 

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

  1. [1]
    Pursuant to the order made on 16 November 2018 the applicant has filed submissions in relation to costs of the proceeding. The first, second and third respondents have filed no submissions.
  2. [2]
    I accept the submissions of the applicant that in this case the ordinary position in relation to costs should prevail. That is, that each party bear their own costs.[1]
  3. [3]
    I do not consider it in the interests of justice that an order for costs be made in favour of any party.[2]
  4. [4]
    I order that each party bear their own costs of the proceeding. That order is intended to cover all claims for costs raised by the parties during the course of the proceeding.

Footnotes

[1] S100 Queensland Civil and Administrative Tribunal Act 2009 (Qld)

[2] S102 Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Close

Editorial Notes

  • Published Case Name:

    Leilani Tafao v State of Queensland & Ors

  • Shortened Case Name:

    Tafao v State of Queensland

  • MNC:

    [2018] QCAT 425

  • Court:

    QCAT

  • Judge(s):

    Member Fitzpatrick

  • Date:

    19 Dec 2018

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2018] QCAT 40916 Nov 2018Application under the Anti-Discrimination Act 1991 (Qld) that the applicant was the subject of both direct and indirect discrimination; application dismissed: Member Fitzpatrick.
Primary Judgment[2018] QCAT 42519 Dec 2018Costs judgment (from [2018] QCAT 409): Member Fitzpatrick.
Primary Judgment[2020] QCATA 7622 May 2020Leave to appeal granted; appeal allowed; decision made 16 November 2018 set aside and in lieu, it is declared the use of male pronouns to refer to the applicants constituted unlawful indirect discrimination, however the complaint alleging unlawful discrimination in relation to the imposition of internal management plans dismissed; respondents required to make a private apology pursuant to s 209(1)(d) of the Anti-Discrimination Act 1991 (Qld): Senior Member Howard and Member Traves.
Notice of Appeal FiledFile Number: Appeal 6855/2024 Jun 2020Appeal by the State of Queensland.
Notice of Appeal FiledFile Number: Appeal 6898/2025 Jun 2020Appeal by Serco Australia Pty Ltd and Mr Walters.

Appeal Status

Appeal Pending

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