Excerpt from Lawyers Weekly:
Late last week (Thursday, 19 September), the Senate passed the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023.
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Mitchell Skipsey, who is a senior solicitor at the Justice and Equity Centre (formerly the Public Interest Advocacy Centre), said the bill’s passage is a “game changer”.
“The old rules meant many people who experienced discrimination felt they couldn’t pursue a claim, due to the risk of losing their home or facing bankruptcy if they weren’t successful. No matter how strong the claim, no court case has a 100 per cent chance of success – there is always risk. Now, more people will have the opportunity to seek justice after unlawful treatment,” he said.
Discrimination claims “can be a David and Goliath battle”, Skipsey said.
“The equal access costs model rightfully recognises that the public interest is served when perpetrators are held to account for unlawful behaviour.”