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What orders can a judge of the Federal Circuit Court or Federal Court of Australia make?

  • If the judge finds that there has not been unlawful discrimination they will dismiss the complaint.
  • If the judge finds that there has been unlawful discrimination they may make orders against the respondent (the person who has allegedly discriminated against a person).
  • The Federal Circuit Court and Federal Court of Australia can make any order that it sees fit including one or more of the following:
    • an order declaring that the respondent (the person responding to the claim) has committed unlawful discrimination and directing the respondent not to repeat or continue such unlawful discrimination;
    • an order requiring a respondent to perform any reasonable act or course of conduct to make up for any loss or damage suffered by an applicant (the person who applied to have their discrimination claim heard in court);
    • an order requiring a respondent to employ or re-employ an applicant;
    • an order requiring a respondent to pay damages to an applicant in the form of compensation for any loss or damage suffered because of the conduct of the respondent;
    • an order requiring a respondent to vary the termination of a contract or agreement to make up for any loss or damage suffered by an applicant; or
    • an order declaring that it would be inappropriate for any further action to be taken in the matter.