You would have a very hard time finding any lawyer who would be willing to touch such a lawsuit with a ten foot pole, because of one simple concept. There were no damages. Except for that 1% of 1% of 1% of all cases, if there is not damages, there is no case. And "you made me feel bad because you said vaguely bigoted words towards me" does not count as damages, because there is no cash value that can be placed on that.
Exactly this.
The only things I know about the Australian Legal System are what I remember from high school Legal Studies and a few books I read at University because I was interested. But even that just makes this seem strange to me. While US and Australian laws may differ in semantics, the generalities seem similar enough.
If, in this scenario, Dora sued the Realtor for discrimination, it'd be a Civil suit and not a Criminal one. Which means that as plaintiff, Dora would have the burden of proof placed upon her, and that takes two parts: One, she must prove that the law applies in this situation, and two, she must prove that the law was broken to the extent she suffered damages.
The law that would apply would be religious discrimination, in that the Real Estate Agent intruded on Dora's privacy and/or showed discrimination against Dora for her beliefs. That hinges on the use of the words "witch" and "wizard". But that implies that those words can reasonably be viewed as offensive - and what other words would you use for a person who destroyed a kitchen attempting to cast a spell? The limitations of the English language cannot be held up as evidence in a court of law. Since there was no mention of religion, then we only have context to go on, and in context there's no application of any laws of discrimination.
As to whether the law was broken even if it applies... well, beyond the fact that Dora said she was not a Witch and thus has incurred no damages, the law remains unbroken in the first place. The Landlord is
not refusing to rent the apartment to someone who identifies as a Witch or a Wizard. S/he is simply highlighting a specific example of where destruction and damage to the apartment has caused a problem in the past, and is now frowned upon. Following your faith is legal; inflicting damages upon another party through destructive celebration of your faith is absolutely not. And informing someone that you don't want them to break the law and damage your property is not a crime.
All that's happened here is a simple statement of "If you are a Witch, don't cast spells that will destroy the apartment." No part of that statement is in violation of any law I've ever heard of.
The duty of care was not formed or breached, no law applies or has been broken, no malicious or accidental damage has been inflicted or occured. Aside from the Agent making a minor gaffe which some incredibly sensitive people might overreact to, nothing here has happened.
Basically Karilyn said it best: No lawyer would go anywhere
near this case unless they intended to either lie, or simply walk into the courtroom and lose, knowing they'd get paid by Dora anyway. In which case, Dora's the only idiot here, and she's only hurting herself.