Civil Justice

Universal Periodic Review: Joint NGO Report on Australia (12 July 2010)

Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011.
A coalition of 68 NGOs - coordinated by the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres - has submitted a 5 page Report to the UN Human Rights Council on [...]

Access to Justice: Submission to Senate Inquiry into Access to Justice (March 2009)

On 5 February 2009, the Senate ordered the review of Australia’s judicial system, the role of judges and access to justice.
The Human Rights Law Resource Centre’s Submission to the Access to Justice Inquiry analyses and discusses the Terms of Reference with particular reference to the right to a fair hearing, as enshrined in art 14 of [...]

Civil Justice: Submission to Inquiry into Vexatious Litigants (April 2008)

In April 2008 the Victorian Parliament Law Reform Committee released an issues paper calling for public submissions into its inquiry on vexatious litigants.  The terms of reference for this inquiry included an examination of the efficacy of current vexatious litigant legislation.  Since 1928 only 14 people have been declared vexatious litigants in Victoria.
The Centre, together with [...]

Fair Hearing: Submission to UN Human Rights Committee on General Comment No 32 on the Right to a Fair Hearing (Aug and Jan 2007)

On 21 August 2007, the UN Human Rights Committee released General Comment No 32 on the right to equality before courts and tribunals and to a fair trial under art 14 of the ICCPR.
General Comment No 32 will be an important source of guidance on the interpretation and application of s 24 of the Victorian [...]

Civil Justice: Relevance of the Victorian Charter of Rights to Civil Justice (Dec 2006)

On 21 December 2006, the Centre made a submission to the Victorian Law Reform Commission Civil Justice Review entitled, The Right to a Fair Hearing: The Relevance of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to Civil Justice.
The submission considers the impact that the Victorian Charter, specifically the right to a ‘fair hearing’ [...]

Civil Justice: Submission to VLRC regarding Amicus Curiae (Nov 2006)

In November 2006, the Human Rights Law Resource Centre and Blake Dawson Waldron made a joint submission to the Victorian Law Reform Commission Civil Justice Review, entitled ‘Why are Non-Parties Non-Starters?  A Call for Clearer Procedures and Guidelines for Amicus Curiae Applications in Victoria’.
The submission sets out:

the distinction between amici curiae, interveners and other non-parties; [...]

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.
In essence, [...]

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 breach [...]

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: 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.