Domestic Casework

High Court affirms importance and validity of Victorian Charter of Human Rights (8 Sept 2011)

In a landmark decision, the High Court of Australia has upheld the validity, operation and importance of Victoria’s Charter of Human Rights. In the case of Momcilovic v The Queen & Ors [2011] HCA 34 (8 September 2011), the High Court held that the Charter protects fundamental human rights and maintains parliamentary sovereignty. By a [...]

Lessons from Tyler Cassidy inquest: reform needed to avoid more police shootings (15 March 2011)

A new approach is needed for how Victoria Police handle confrontation with young people in crisis and investigations into serious police violence need to be independently conducted, the Human Rights Law Resource Centre said.

Centre Intervenes as Amicus Curiae in High Court in Landmark Charter of Rights Case: Momcilovic v The Queen & Ors (8-10 Feb 2011)

The HRLRC recently made submissions on the correct approach to the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in the High Court of Australia.  The appeal from the decision of the Court of Appeal of the Supreme Court of Victoria in R v Momcilovic (2010) 265 ALR 751, was heard in [...]

Inquest into Police-Related Death: Submissions to Coronial Inquest into Police Shooting of 15 Year Old Boy (22 Oct 2010)

On 19 October 2010, the coronial inquest began into the death of 15 year old Tyler Cassidy, who was shot by Victoria Police in December 2008.  The Human Rights Law Resource Centre has intervened to provide the Coroner with assistance on the relevance of the Victorian Charter to the proceeding. The HRLRC’s submissions in the proceeding [...]

Housing Rights: HRLRC Seeks Leave to Intervene in Director of Housing v Sudi (8 Sept 2010)

On 6 September 2010, the Human Rights Law Resource Centre filed an application for leave to make submissions to the Victorian Court of Appeal in the matter of Director of Housing v Sudi.  The matter is an appeal from the decision of Bell J, sitting as President of VCAT, in Director of Housing v Sudi [2010] [...]

Voting Rights: HRLRC and GetUp! Action in High Court (23 July 2010)

On 23 July 2010, the HRLRC and GetUp! announced proposed action in the High Court of Australia to promote and protect voting rights for disadvantaged groups. The case is a constitutional challenge to the validity of changes to the Commonwealth Electoral Act 1918 made by the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) [...]

Landmark Supreme Court Decision on Right to Humane Treatment in Detention and Prisoner Access to Healthcare (13 July 2010)

Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010) On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment.  The finding overturns a decision by the Secretary of the Department of [...]

Refugee Rights: Processing Suspension Breaches International and Domestic Human Rights Law (23 May 2010)

The Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals.  The detailed opinion concludes that the Australian Government’s policy is unlawful [...]

Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter (5 May 2010)

Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of Justice from refusing to grant the permits and approvals necessary to access IVF treatment, contrary to [...]

Court of Appeal Gives Landmark Ruling on Victorian Charter of Rights (17 March 2010)

In a landmark decision, R v Momcilovic [2010] VSCA 50 (17 March 2010), the Victorian Court of Appeal has unanimously held that: s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but rather a statutory directive that requires all persons engaged in the task of statutory interpretation to ‘explore all possible [...]

Housing Rights and the Meaning of ‘Public Authority’: Metrowest Housing v Sadi (Oct 2009)

In November 2008, the Centre was granted leave to appear as amicus curiae in a matter concerning the meaning of ‘public authority’ under the Victorian Charter.  This is a question of great significance, as it is public authorities who are bound to act compatibly with and give proper consideration to human rights.  The issue arose [...]

Interpretation and Limitations: HRLRC Amicus Intervention in Momcilovic v R (July 2009)

Centre Granted Leave to Appear as Amicus Curiae in Victorian Court of Appeal On 22 July, the Centre was granted leave to appear and was heard as amicus curiae in the Victorian Court of Appeal in the matter of Momcilovic v R.  The matter concerns the application of the Charter and the interpretation of s 5 [...]

Policing: Chief Commissioner of Police v Coroner Bryant (June 2009)

Centre Granted Leave to Appear as Amicus Curiae in Right to Life Test Case On 17 June, the Centre was granted leave to appear as amicus curiae in the Victorian Supreme Court in the matter of Chief Commissioner of Police v Bryant (in his capacity as Coroner). The case concerned a coronial inquest into the [...]

Mental Health: Kracke v Mental Health Review Board & Ors (April 2009)

VCAT Makes Declaration of Breach of Human Rights in Major Charter Test Case On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a much anticipated decision which discussed in detail important aspects of the application and operation of the Charter.  The case concerned the compulsory medical treatment of [...]

Prisoners’ Rights: Western Suburbs Legal Service v Dept of Justice – FoI Application regarding Prison Administration (Feb 2008)

On 6 February 2008, the Centre’s Director, Phil Lynch, gave evidence as an expert witness in support of a Freedom of Information application for access to a report prepared by the Corrections Inspectorate regarding separation orders and high security and management units in Victorian prisons. The matter is being heard in the Victorian Civil and [...]

Counter-Terrorism: David Hicks – Relevance of Human Rights to Control Order Conditions (Feb 2008)

In conjunction with Brian Walters SC, Neil McAteer of Counsel and Allens Arthur Robinson, the Centre prepared a Note on the Relevance of International Human Rights to Control Order Conditions in the case of David Hicks. The Note was used by Counsel for Mr Hicks in submissions to the Federal Magistrates’ Court on 18 February [...]

Prisoners’ Rights: Roach v AEC and Commonwealth of Australia – Prisoners and the Right to Vote (Aug 2007)

On 5 March 2007, the Centre commenced legal action in the High Court to challenge the constitutionality of legislation which removed the right of all sentenced prisoners to vote in federal elections. The plaintiff in the matter was Vickie Roach, an Aboriginal prsioner at the Dame Phyllis Frost Centre in Deer Park.  The defendants were the Commonwealth [...]

Mental Health: Michael David Jones v R – Relevance of Human Rights to Sentencing of Prisoner with Mental Illness (Oct 2006)

On 19 October 2006, in conjunction with Victoria Legal Aid and Chris Boyce of Counsel, the Centre made submissions to the Victorian Court of Appeal in an appeal against sentence.  The submissions pertained to the relevance of international human rights standards to the sentencing of a person with a mental illnedd. MDJ was diagnosed with chronic [...]

Counter-Terrorism: Joseph Thomas v The Queen – Amicus Application (July 2006)

On 3 July 2006, the HRLRC filed an affidavit and submissions in support of an application for leave to appear as amicus curiae in the Victorian Court of Appeal in case of Joseph Thomas v The Queen. Attached are the following documents: Affidavit of Philip Lynch; Summary Outline of Proposed Substantive Submissions; Outline of Proposed Submissions [...]