Commercial

This was an appeal relating to a commercial dispute regarding refund fees for a pilot aptitude test: at [6]. The Tribunal ‘had in mind’ the right to a fair hearing both as a matter of procedural fairness and natural justice, and under section 31 of the Human Rights Act 2019 (Qld): at [98]. The requirement imposed by section 13 of the Human Rights Act 2019 (Qld), to only limit this right to the extent that is reasonably justifiable, was noted. However, there was no substantive discussion of human rights by the Tribunal.

This case concerned an application for reopening a previous Tribunal matter in circumstances where the Applicant did not attend the hearing in question. The Tribunal referred to s 31 of the Human Rights Act 2019 (Qld) where it was considered that it is the human right of an individual to have a civil proceeding decided by a competent, independent and impartial court or Tribunal after a fair hearing.

The applicant sought a stay of a decision from the Commissioner for Liquor and Gaming Regulation to approve a commercial hotel licence application of MFB Properties (NQ) Pty Ltd for a premises at Palm Cove. The Human Rights Act 2019 (Qld) was mentioned by the Tribunal, acknowledging that they have taken into account the potential human rights impacted in their decision.

The applicant was the principal body corporate for a layered community title scheme comprised of 18 subsidiary body corporates. The respondent was a service contractor under the Body Corporate and Community Management Act 1999 (Qld).

This matter concerned a minor civil dispute claim by a commercial lessor against the directors of the lessee company for various costs including rental arrears. The relevant issue on appeal was whether a decision by an adjudicator not to call for submissions regarding the issue of jurisdiction was a breach of natural justice.

Westpac Bank claimed $329,034.48 from the first defendant (Mr Heslop), who was the guarantor of a debt in this amount. Mr Heslop alleged that Westpac and the second plaintiff (the Receiver) ‘breached Article 12 of the Human Rights Act’.

The right to a fair hearing, specifically the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)), was examined by the court. This arose because there was a possibility that confidential information would be inadvertently disclosed at the conclusion of the trial. The court found it unnecessary to examine this right in depth as the proceedings began before the commencement of the Human Rights Act 2019 (Qld), but held that there will be circumstances where justice cannot be served if everything must be done in public.