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Federal Court of Australia · [2026] FCA 289

Gao v Macquarie Bank discrimination pleading case

A Federal Court workplace discrimination and adverse-action pleading case about which claims could proceed after an AHRC complaint.

Federal Court of Australia24 Mar 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • Discrimination and workplace claims can narrow sharply if the complaint pathway is not handled properly.
  • A Federal Court workplace discrimination and adverse-action pleading case about which claims could proceed after an AHRC complaint.

Use this to check

  • An AHRC court application is tied to the respondents and subject matter of the terminated complaint.
  • A person mentioned in a complaint may not be a legal respondent to that complaint.
  • Later court pleadings can include some additional detail, but not a new and different complaint.

Decision snapshot

  1. 1

    What happened

    • The applicant brought Federal Court proceedings against Macquarie Bank and individual respondents alleging unlawful discrimination and victimisation under the Sex Discrimination Act, Disability Discrimination Act and Racial Discrimination Act, as well as adverse action under the Fair Work Act.
    • The respondents applied to strike out or summarily dismiss parts of the statement of claim.
    • Their argument was jurisdictional.
    • They said some individual respondents were not respondents to the applicant's Australian Human Rights Commission complaint, some pleaded incidents had not been part of the AHRC complaint, and the Fair Work general protections claims were barred where substantially the same conduct had already been pursued through anti-discrimination processes.
  2. 2

    What the court had to decide

    • The Court had to decide whether parts of the applicant's discrimination, victimisation and Fair Work claims should be struck out or summarily dismissed for lack of jurisdiction.
    • The issues included whether individual respondents had been respondents to the AHRC complaint, whether later allegations were the same or substantially the same as the AHRC complaint, and whether Fair Work general protections claims duplicated anti-discrimination claims about the same conduct.
  3. 3

    What the court decided

    • The Federal Court summarily dismissed the proceedings against the second, third and fourth respondents.
    • It struck out multiple paragraphs of the statement of claim, granted limited leave to replead some matters and reserved costs.

Practical impact

Practical read

  • Discrimination and workplace claims can narrow sharply if the complaint pathway is not handled properly.
  • Businesses responding to AHRC or Fair Work-related allegations should track who is named, what conduct is identified, what is conciliated and whether later court claims are trying to add new people or new events outside the...

Useful next steps

  • An AHRC court application is tied to the respondents and subject matter of the terminated complaint.
  • A person mentioned in a complaint may not be a legal respondent to that complaint.
  • Later court pleadings can include some additional detail, but not a new and different complaint.
  • Events after AHRC conciliation may need a separate pathway or a carefully pleaded Fair Work claim.
  • Fair Work and anti-discrimination pathways can overlap, but duplicate litigation is restricted.

Practical read

This case is useful for employers because it shows how much the early complaint process can shape later litigation. The applicant brought discrimination, victimisation and adverse-action claims. The respondents did not ask the Court to decide whether the alleged events happened. They asked the Court to remove parts of the case because the Court did not have jurisdiction to hear them in the way they were pleaded.

The first issue was who had been named in the AHRC complaint. The Court held that a Federal Court application under the AHRC Act can only allege unlawful discrimination by one or more respondents to the terminated AHRC complaint. Being mentioned in a complaint is not the same as being a respondent to it. That meant claims against three individual respondents were summarily dismissed.

The second issue was the subject matter of the complaint. Some allegations were struck out because they were not the same, or substantially the same, as the unlawful discrimination that had been before the AHRC. One alleged incident was allowed because it fitted the same substance of the complaint. Other events after conciliation could not be relied on in the AHRC pathway, although the Court gave limited leave to replead a narrow general protections claim.

For business owners and HR teams, the practical point is record discipline. When a complaint is made, keep a clean chronology of the named parties, alleged conduct, dates, complaint amendments, conciliation material and termination notice. If a later court claim expands beyond that shape, procedural objections may matter. But this is not a substitute for dealing properly with the underlying workplace issue, because poor handling can still create separate legal, reputational and staff-risk problems.

Checks to run

Key points

  • Keep a dated chronology of every discrimination or workplace complaint.
  • Identify exactly who is named as a respondent in any AHRC complaint.
  • Separate conduct that was conciliated from later events or new allegations.
  • Check whether a Fair Work claim duplicates an anti-discrimination pathway.
  • Respond to complaints on substance while also preserving jurisdiction and pleading points.
  • Avoid casual internal emails that blur who is accused, what happened and what process is being followed.

Key takeaways

  • An AHRC court application is tied to the respondents and subject matter of the terminated complaint.
  • A person mentioned in a complaint may not be a legal respondent to that complaint.
  • Later court pleadings can include some additional detail, but not a new and different complaint.
  • Events after AHRC conciliation may need a separate pathway or a carefully pleaded Fair Work claim.
  • Fair Work and anti-discrimination pathways can overlap, but duplicate litigation is restricted.
  • Employers should preserve complaint chronology, correspondence and conciliation documents.

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