2008•Ethos: Official Publication of the Law Society of the Australian Capital TerritoryRequires access
The Standard of Proof in Discrimination Claims: The Full Court Lightens the Load, a Little
Brook Hely
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Abstract
The decision of the Full Federal Court in the 'Qantas Airways v Gama' case lessens the burden of the applicant in providing the civil standard of proof in discrimination claims. The decision that racial/disability discrimination claims should be approached as any other civil claim when evaluating the standard of proof is a welcome change from earlier decisions that discrimination claims are 'serious' issues which need more proof than other civil claims.