of another explanation, points to unlawful Previously, court was a cost their knowledge as a decision discrimination having occurred. jurisdiction (the unsuccessful party paid maker Respondent must lead evidence to rebut the successful party’s costs). Benefits: the prima facie case. Will require a higher standard for Business Court is a no-cost jurisdiction (i.e. each lodging a complaint (that is, must Shifting burden of proof party bears own costs), with full judicial disclose cause of action). Where may provide opportunities to discretion to award costs in interests of justice. matters dismissed early by the end claims earlier where there Enhanced ability for Commission to dismiss Commission, access to court is ‘by is clear evidence of clearly unmeritorious complaints without leave’ only, instead of of right’, ‘as reasons (eg involving respondents, which may only proceed assisting in early disposal of merit report) to court with leave. unmeritorious matters. Early dismissal of unmeritorious complaints will reduce costs Individuals Shifting burden of proof means that complainants don’t have to prove matters that are not within their knowledge A no-cost jurisdiction will improve access to justice Government Streamlined complaints will improve efficiency of Commission resourcing Other issues
of another explanation, points to unlawful discrimination having occurred. Respondent must lead evidence to rebut the prima facie case. Court is a no-cost jurisdiction (i.e. each party bears own costs), with full judicial discretion to award costs in interests of justice. Enhanced ability for Commission to dismiss clearly unmeritorious complaints without involving respondents, which may only proceed to court with leave. Previously, court was a cost jurisdiction (the unsuccessful party paid the successful party’s costs). Will require a higher standard for lodging a complaint (that is, must disclose cause of action). Where matters dismissed early by the Commission, access to court is ‘by leave’ only, instead of ‘as of right’, assisting in early disposal of unmeritorious matters. their knowledge as a decision maker Benefits: Business Shifting burden of proof may provide opportunities to end claims earlier where there is clear evidence of reasons (eg merit report) Early dismissal of unmeritorious complaints will reduce costs Individuals Shifting burden of proof means that complainants don’t have to prove matters that are not within their knowledge A no-cost jurisdiction will improve access to justice Government Streamlined complaints will improve efficiency of Commission resourcing Other issues