Australia

AB v Western Australia [2011] HCA 42 (6 October 2011)

High Court affirms right to gender identity and expression AB v Western Australia [2011] HCA 42 (6 October 2011) Summary The High Court delivered a unanimous judgment affirming the right of transgender people to have their gender officially recognised after undergoing medical or surgical procedures, even if not all of their reproductive organs have been [...]

Eatock v Bolt [2011] FCA 1103 (28 September 2011)

Federal Court upholds the right to be free from racial discrimination Eatock v Bolt [2011] FCA 1103 (28 September 2011) Summary Federal Court judge Bromberg J recently held that Herald Sun opinion columnist Andrew Bolt and the Herald & Weekly Times had contravened the racial vilification provisions of the Racial Discrimination Act 1975 (Cth) in [...]

Aldridge v R [2011] ACTCA 20 (22 September 2011)

Care and protection of children a relevant consideration in granting bail or sentencing a parent Aldridge v R [2011] ACTCA 20 (22 September 2011) Summary The ACT Court of Appeal has held that, by operation of s 11(2) of the Human Rights Act 2004 (ACT), the arrangements for care of children is a relevant factor [...]

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 [...]

R v Kara Lesley Mills [2011] ACTSC 109 (1 July 2011)

Right to fair trial without unreasonable delay R v Kara Lesley Mills [2011] ACTSC 109 (1 July 2011) Summary In R v Kara Lesley Mills [2011] ACTSC 109 (R v Mills), the ACT Supreme Court delivered an important judgment concerning the right to a fair trial in criminal proceedings with a particular focus on circumstances [...]

Hogan v Hinch [2011] HCA 4 (10 March 2011)

Restriction on Right of Expression to Respect Rights and Reputation of Others Hogan v Hinch [2011] HCA 4 (10 March 2011) Summary The High Court of Australia has rejected a constitutional challenge to the validity of s 42 of the Serious Sex Offenders Monitoring Act 2005 (Vic) (repealed). That provision allowed a court to prohibit [...]

In the Matter of an Application for Bail by Isa Islam [2010] ACTSC 147 (19 November 2010)

Is a Presumption Against Bail Consistent with Human Rights?  ACT Supreme Court Rules on Human Rights and the Interpretation of Legislation In the Matter of an Application for Bail by Isa Islam [2010] ACTSC 147 (19 November 2010) The ACT Supreme Court has declared that a provision of the ACT Bail Act 1992 is inconsistent [...]

R v AM [2010] ACTSC 149 (15 November 2010)

Does Freedom of Conscience Excuse Otherwise Criminal Behaviour? R v AM [2010] ACTSC 149 (15 November 2010) The ACT Supreme Court recently considered to what extent freedom of conscience under the ACT Human Rights Act 2004 (‘the HR Act’) influenced the interpretation of criminal offences.  An applicant sought to argue that her consciousness beliefs should [...]

Canberra Fathers and Children Services Inc v Michael Watson [2010] ACAT 74 (29 October 2010)

When will Eviction from Social Housing Breach Human Rights? Canberra Fathers and Children Services Inc v Michael Watson [2010] ACAT 74 (29 October 2010) The ACT Civil and Administrative Tribunal has found that an eviction from social housing that would result in homelessness is a breach of the right to be free from unlawful or [...]

Quinn v Overland [2010] FCA 799 (28 July 2010)

Application of the Charter to Public Sector Employment Decisions and Practices Quinn v Overland [2010] FCA 799 (28 July 2010) The Federal Court of Australia has found that there is a serious issue to be tried that s 20(3)(c) of the Public Administration Act 2004 (Vic) (‘the PA Act’) places a statutory duty on public [...]

R v Ashman [2010] ACTSC 45 (21 May 2010)

Right to Family and Protection of Children Relevant to Sentencing of Parent R v Ashman [2010] ACTSC 45 (21 May 2010) In this case, the ACT Supreme Court recognised that the right to family and the best interests of children under the Human Rights Act 2004 (ACT) may be relevant to the sentencing of a [...]

Habib v Commonwealth of Australia [2010] FCAFC 12 (25 February 2010)

‘Act of State Doctrine’ does not Apply when Grave Violations of Human Rights Alleged: Court Agrees to Consider Australia’s Obligations to Citizens Abroad Habib v Commonwealth of Australia [2010] FCAFC 12 (25 February 2010) On 25 February 2010, the Full Court of the Federal Court delivered a significant judgment that will allow the Court to [...]

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 [...]

Hakimi v Legal Aid Commission (ACT) [2009] ACTSC 48 (12 May 2009)

Right to Legal Aid and a Lawyer of One’s Choice Hakimi v Legal Aid Commission (ACT) [2009] ACTSC 48 (12 May 2009) The ACT Supreme Court has ruled that there is no absolute right for a legally aided person to choose their own lawyer.  This case was the first application made under amendments to the [...]

R v Fearnside [2009] ACTCA 3 (24 February 2009)

ACT Court of Appeal Considers Human Rights Interpretative Principle R v Fearnside [2009] ACTCA 3 (24 February 2009) This case establishes the principle that the requirement, set out at s 30 the Human Rights Act 2004 (ACT), to interpret laws compatibly with human rights, requires that laws be interpreted compatibly with human rights as reasonably [...]

Andrew Casey v Richard Luke Alcock [2009] ACTCA 1 (23 January 2009)

Right to a Fair Hearing, Statutory Interpretation and Limitation Periods Andrew Casey v Richard Luke Alcock [2009] ACTCA 1 (23 January 2009) The ACT Court of Appeal has indicated that the UK’s Ghaidan approach to legislative construction – which allows a court to depart from the unambiguous meaning of the legislation where necessary to give [...]

Raytheon Australia Pty Ltd & Ors v ACT Human Rights Commission [2008] ACTAAT 19 (24 July 2008)

The ACT Administrative Appeals Tribunal has considered the interpretative principle and permissible limitations on human rights under the Human Rights Act 2004 (ACT) in a case concerning exemptions from anti-discrimination legislation. Detailed case note.

Capital Property Projects (ACT) Pty Ltd v ACTPLA [2008] ACTCA 9 (21 May 2008)

The ACT Court of Appeal has held that the obligation under s 30 of the Human Rights Act 2004 (ACT) to interpret laws compatibly with human rights may be engaged even where the words of a statute are clear and there is no ambiguity.  In particular, the Court held that a requirement that leave to [...]

R v DA [2008] ACTSC 26 (31 Mar 2008)

In an ex tempore judgment delivered by Higgins CJ, the ACT Supreme Court has stated that s 21 of the Human Rights Act 2004 (ACT) confers a positive right to a fair trial and thereby modifies the common law which merely provides for the right to be free from an unfair trial. Detailed case note.

Commonwealth v Davis Samuel Pty Ltd [No 3] [2008] ACTSC 76

The ACT Supreme Court has missed an opportunity to consider the meaning of the right to a fair hearing in s 21(1) of the Human Rights Act 2004 (ACT) in the context of an application for adjournment of a civil matter based on reasons including lack of legal representation. Detailed case note.