Legal Memoranda

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] [...]

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 [...]

ESC Rights: Legal Opinion on Justiciability of ESC Rights in an Australian Human Rights Act (Dec 2009)

On 8 October 2009 the National Human Rights Consultation Committee recommended that Australia enact a Human Rights Act.  However, although the Consultation clearly demonstrated the right to adequate housing, health care and education are the ‘rights that matter most’ to Australians, the Committee further recommended that, if an Australian Human Rights Act enshrines social and [...]

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 [...]

Counter-Terrorism: UN Special Rapporteur report on Australia (March 2007)

The Australian Government should urgently reconsider key aspects of its counter-terrorism laws to bring them into conformity with international human rights standards, a UN report on human rights and counter-terrorism in Australia which was tabled before the UN Human Rights Council in Geneva on 26 March 2007 has found. The Centre has prepared a Summary [...]

Counter-Terrorism: David Hicks – Opinion on Legality of Trial before Guantanamo Military Commission (Nov 2006)

Urging or Supporting Unfair Trial of David Hicks may Constitute a War Crime In November 2006, a group of eminent Australian lawyers prepared an Opinion about the continued detention of David Hicks in Guantanamo Bay and his proposed trial by a Military Commission.  The Opinion has potentially alarming implications for the Federal Government and its Ministers. [...]

Legal Memorandum: Right to Freedom from Arbitrary Detention (July 2006)

This memorandum examines: the nature of the right to be free from arbitrary detention under article 9(1) of the ICCPR; and the extent to which freedom from arbitrary detention is a right protected by customary international law.

Legal Memorandum: Remedies for Breaches of the ICCPR (July 2006)

Where the UN Human Rights Committee establishes that a breach under the International Covenant on Civil and Political Rights has occurred, it will generally make recommendations as to what “effective remedy” a State party should provide, pursuant to art 2(3) of the ICCPR. This memorandum considers what ‘effective remedies’ the HRC has recommended where it has found a [...]

Legal Memorandum: Prohibition on Condoning Breaches of Human Rights (June 2006)

This memorandum discusses the customary international law prohibition on states encouraging or condoning third party breaches of international human rights law.

Legal Memorandum: International ‘Soft’ Law in Australian Domestic Law (June 2006)

This memorandum discusses the uses and relevance of international ‘soft’ law instruments, such as declarations, standards, guidelines and resolution, in Australian domestic law and courts.

Legal Memorandum: Customary International Law in Australian Law (June 2006)

This memorandum provides an overview of the status of customary international law in Australia, as well as commenting on the position in the United Kingdom, Canada and New Zealand.

Legal Memorandum: Sentencing and International Human Rights Law (May 2006)

This memorandum considers the role and relevance of international human rights law to the exercise of judicial discretion, in particular the sentencing discretion.

Legal Memorandum: Human Rights of Prisoners (May 2006)

This memorandum considers some of the international human rights law and jurisprudence relevant to the rights, freedoms, conditions and treatment of people in detention. This memorandum considers some of the international human rights mechanisms available to seek remedies for violations of prisoners’ rights, including the UN Human Rights Committee and various of the UN Special [...]

Legal Memorandum: Role of Amici Curiae and Intervenors in Promoting Human Rights (April 2006)

This memorandum considers the procedures and mechanisms available in Australia to enable human rights and legal organisations to intervene in litigation to promote human rights.

Legal Memorandum: Relationship between International Human Rights Law and Australian Domestic Law (April 2006)

This memorandum considers the relationship between international human rights law and Australian domestic law, and the potential uses of international human rights norms in domestic courts and tribunals.