Tribunal rejects Citipointe college bid to end discrimination case against Emmey Leo

A transgender university student has won the right to proceed with her discrimination case against a prominent Brisbane school after a tribunal rejected its attempt to dismiss the case.

Emmey Leo, Felicity Myers and Bethany Lau gather to protest outside Citipointe Christian College at Carindale in 2022. Picture: Richard Walker

A transgender university student will be allowed to pursue her high-profile discrimination case against a well-known conservative faith-based Brisbane college.

Queensland Civil and Administrative Tribunal refused Citipointe Christian College’s attempt to strike out the case brought by Emmey Leo, a young transgender woman who alleges she faced discrimination during her time at the Brisbane school.

The college, along with its principal Brian Mulheran, sought to have the case dismissed due to procedural delays and missed tribunal deadlines.

A crowd gathers to protest outside Citipointe Christian College, Carindale, in January 2022. Picture: Richard Walker

But QCAT senior member Samantha Traves found the delays were caused by Ms Leo’s former legal representatives, who failed to pass on crucial information about tribunal directions and the dismissal application.

Member Traves ruled the college suffered “little, if any, prejudice”, while Ms Leo would face “serious” consequences if the case were thrown out.

The case, referred to QCAT by the Queensland Human Rights Commission in April 2024, alleges both direct and indirect discrimination by the college in education and provision of goods and services.

It focuses on Ms Leo’s treatment as a student and her identity as a transgender woman.

In June 2024, QCAT issued directions for Ms Leo to file a statement of contentions by July 13, 2024.

Citipointe Christian College at Carindale in 2022. Picture: Richard Walker

The directions were emailed to her then-legal representatives at the LGBTI Legal Service but were not forwarded to her.

Similarly, when Citipointe filed its application to dismiss the case on January 10, 2025, Ms Leo was not informed until two months later on March 12, 2025.

A compulsory conference set for February 10, 2025, was vacated amid ongoing confusion.

Once Ms Leo learned of the missed directions and dismissal bid, she engaged new lawyers, Norton Rose Fulbright, who promptly filed submissions within a day.

A Facebook image of Citipointe Christian College principal Brian Mulheran.

Member Traves noted Ms Leo, a young IT student at Queensland University of Technology, was unfamiliar with tribunal procedures and had relied heavily on her legal service.

“I am satisfied the applicant had no capacity to understand or act on the tribunal’s directions regarding the filing of a statement of contentions and the application to dismiss in circumstances where her legal representatives did not forward them to her or inform her about them,” she said.

Member Traves also dismissed any suggestion that Ms Leo deliberately caused delay.

Citipointe’s strikeout application was lodged under the Queensland Civil and Administrative Tribunal Act, which permits dismissal if a party causes unnecessary disadvantage to another. However, Member Traves ruled the delay did not justify throwing out the complaint entirely.

“There is an explanation for the delay. Finally, the applicant has engaged new lawyers who have acted promptly to comply with the directions,” she said.

Ms Leo’s discrimination case will now proceed to the next stage in the tribunal process.

Originally published as Tribunal rejects Citipointe college bid to end discrimination case against Emmey Leo