A Federal Court proceeding involving a discrimination claim against Qantas and Jetstar turned contentious after the plaintiff accused the presiding judge of bias linked to her membership in Qantas’ exclusive Chairman’s Lounge.
The case was brought by Tahya Khattabi, who alleged discrimination after an unsuccessful job application for an engineering position within the airline group. Mr. Khattabi, appearing remotely by video link from overseas and representing himself, cited his termination from Virgin Australia in 2018 as background to the complaint. He said he was dismissed for raising concerns about pilot training on Boeing 737 aircraft. Virgin Australia’s dismissal letter described his conduct as threatening, inappropriate, and in breach of both the code of conduct and his employment contract.
During the Federal Court hearing, Mr. Khattabi sought court orders requiring Qantas and Jetstar to file a defense. The airlines requested instead that the court schedule a hearing on an application to dismiss or strike out the claim. When Justice Wendy Abraham indicated she would make timetabling orders favoring the respondents, Mr. Khattabi moved for her recusal, arguing that her membership in the Chairman’s Lounge amounted to a conflict of interest. He claimed that Qantas provided judges and commissioners with multiple free benefits, including tickets, suggesting a quid pro quo arrangement that influenced court decisions in the airline’s favor.
The Chairman’s Lounge is a Qantas invitation-only club frequented by politicians, corporate leaders, judges, and celebrities. Justice Abraham temporarily adjourned the original matter to address these allegations. In her subsequent written judgment, she rejected the claim of bias, emphasizing that no evidence supported the suggestion that her membership affected judicial impartiality.
Justice Abraham noted that Mr. Khattabi only raised the issue after she did not grant the orders he sought, undermining the credibility of the accusation. She dismissed the proposal that membership in the Chairman’s Lounge carried improper benefits affecting judicial conduct, describing the claim as lacking a sound foundation.
To illustrate the absence of any special treatment for Qantas within the judiciary, Justice Abraham referenced a previous ruling by Federal Court Judge Michael Lee. In that case, Qantas was ordered to pay a financial penalty exceeding A$90 million—including A$50 million to the Transport Workers Union—following an unlawful outsourcing dispute. The penalties imposed by that court were upheld on appeal and by the High Court.
Justice Abraham concluded that Mr. Khattabi had failed to demonstrate any logical or factual connection between her club membership and a possible deviation from impartial decision-making. She stated that merely asserting a conflict of interest was insufficient and formally dismissed the application for her recusal, allowing the discrimination claim proceedings to continue.