s39 – Legal Proceedings

Momcilovic v The Queen [2011] HCA 34 (8 September 2011)

High Court affirms constitutionality of Charter and considers key interpretative provisions Momcilovic v The Queen [2011] HCA 34 (8 September 2011) Summary The High Court’s decision in Momcilovic v The Queen upholds the constitutional validity of the Charter of Human Rights and Responsibilities Act 2006 (Vic). However, the six separate judgments provide varied guidance as [...]

Director of Housing v Sudi [2011] VSCA 266 (6 September 2011)

VCAT did not have human rights jurisdiction in public housing matter: Court of Appeal strikes “collateral” blow to Victorian Charter Director of Housing v Sudi [2011] VSCA 266 (6 September 2011) Summary The Victorian Court of Appeal has decided that VCAT, in an application for a possession order under the Residential Tenancies Act 1997, did [...]

P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011)

Charter Promotes and Protects Rights of Person with Disability P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011) Summary In this case, the Supreme Court of Victoria held that the Victorian Civil and Administrative Tribunal had both failed to interpret law consistently with human rights and had itself [...]

McAdam v Victoria University & Ors (Anti-Discrimination) [2010] VCAT 1429 (3 September 2010)

What is the Relationship between the Charter and the Equal Opportunity Act? McAdam v Victoria University & Ors (Anti-Discrimination) [2010] VCAT 1429 (3 September 2010) This decision illustrates how Charter arguments may complement complaints under the Equal Opportunity Act 1995 (Vic).  It considers an application by Victoria University to strike out or dismiss a number [...]

City of Vancouver v Ward 2010 SCC 27 (23 July 2010)

When Will Damages be a Just and Appropriate Remedy for Breach of Human Rights? City of Vancouver v Ward 2010 SCC 27 (23 July 2010) The Supreme Court of Canada has handed down a significant judgment on the availability of damages for a breach of human rights under the Canadian Charter of Rights and Freedom.  [...]

Director of Housing v TK [2010] VCAT Application 2010/11921 (Unreported, 22 July 2010)

Tribunal has Jurisdiction to Determine whether Public Authority has Acted Compatibly with Human Rights Director of Housing v TK [2010] VCAT Application 2010/11921 (Unreported, 22 July 2010) VCAT Deputy President Lambrick has held that the Tribunal has jurisdiction to determine whether an application made pursuant to ss 250 and 330(1) of the Residential Tenancies Act [...]

R v Conway, 2010 SCC 22 (11 June 2010)

Administrative Tribunals have Jurisdiction and Duty to Consider Human Rights Issues R v Conway, 2010 SCC 22 (11 June 2010) The Supreme Court of Canada has held that administrative tribunals with the authority to apply the law, have the jurisdiction to apply the Charter to the issues that arise in the proper exercise of their [...]

Director of Housing v Sudi [2010] VCAT 328 (31 March 2010)

Eviction from Public Housing without Adequate Justification a Breach of Human Rights Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of [...]

Morro & Ahadizad v Australian Capital Territory [2009] ACTSC 118 (10 September 2009)

Right to Liberty and Redress for Unlawful Detention Morro & Ahadizad v Australian Capital Territory [2009] ACTSC 118 (10 September 2009) Gray J of the Supreme Court of the Australian Capital Territory found that s 18(7) of the Human Rights Act 2004 (ACT) (‘ACT Act’) creates an independent statutory right to compensation for unlawful arrest [...]

Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009)

Failure to Review Involuntary Treatment a Breach of Human Rights Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009) On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a significant decision which discussed in detail important aspects of the application and operation of the Charter.  [...]