Pallett v Commonwealth of Australia, Department of Human Services - Centrelink [2017] FCA 1132

EVIDENCE – proof of disease, illness or disorder affecting the mind – whether expert evidence necessary – whether documents recording out-of-court expressions of opinion admissible under exceptions to the opinion rule – whether Court may correctly infer the existence of a mental illness by reference to admissible evidence concerning a person’s mental state – whether discretion under s 136 of the Evidence Act 1995 (Cth) must be exercised having regard to s 46PR of the Australian Human Rights Commission Act 1986 (Cth). HUMAN RIGHTS – allegations of direct and indirect discrimination on the grounds of disability – disability in the nature of mental illness – necessity to prove existence of actual disability where imputed disability not alleged on the facts.