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ARTICLE · 06 NOVEMBER 2019

Gopher driver keeps Target in his sights for disability discrimination

Holding Redlich
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The disabled man was given leave to file and serve a further statement of claim, this time with legal assistance.

AustraliaLitigation, Mediation & Arbitration

A case of a gopher driver with retail giant Target in Ellis v Target Australia Pty Ltd [2019] FCCA 1820 has served as a reminder of Justice Kirby's observation: "Pleadings are the servants, not the masters of the judicial process".1

Disabled man Troy Ellis filed a self-drafted discrimination claim against Target in the FCCA after he was unable to safely drive his mobility scooter through the 'expect more. pay less' shopping centre aisles.

Judge Antoni Lucev's decision (published on 23 October 2019) refused Target's subsequent application to summarily dismiss the claim, and did so, despite finding that the originating documents were so 'scandalous' they would be 'permanently suppressed'.

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