Exercise 003 | Law

Exercise 003

Discrimination Law: Creek v Cairns Post Pty Ltd [2001] FCA 1007 (31 July 2001)

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click here (AustLII link) to view the case

Easy questions

  1. How would you cite the case?
  2. What type of case is this - civil, criminal, appellate, first instance?
  3. What were the material facts of the case?
  4. Would it be possible to appeal the judge's decision?
  5. What relief are the applicants seeking?
  6. Who won the case?

More difficult questions

  1. On what was the applicant's complaint based?
  2. What did the judge think was the issue to be decided?
  3. What was the argument of the respondent?
  4. What level of harm did the judge consider to be necessary to constitute a violation under Section 18C(1) of the Racial Discrimination Act 1975 (Cth)?
  5. What did the judge consider to be sufficient to constitute discrimination under the Racial Discrimination Act?
  6. What did the judge consider to be the requirements for a finding of racial discrimination?

Complex questions

  1. What was the judge's opinion regarding the role of motive or intention in discrimination?
  2. What did the judge mean when he referred to the 'true basis of an act'?
  3. Why did the judge consider a reference to the applicant's race in the application of s 18C(1) to be too wide a description?
  4. On what basis did the judge make his decision?
  5. What part of the requirement of the Racial Discrimination Act s 18C(1) was not satisfied?