• Gilbert v Metro North Hospital Health Service & Ors [2021] QIRC 255

    The applicant sought declarations that the respondents had acted unlawfully under section 58 of the Human Rights Act 2019 (Qld) by acting in a way that was incompatible with her right to freedom of expression (sections 21) and freedom of association (section 22(2)), and by failing to give proper consideration to her human rights. The Commission dismissed the application, on the basis that limitations were reasonable and demonstrably justifiable.
  • Owen-D’Arcy v Chief Executive, Queensland Corrective Services [2021] QSC 273

    ​​​​​​​An action for judicial review was brought by a prisoner in relation to two decisions: the decision to impose a maximum security order (MSO) for a further six months (following seven years of being subject to such an order); and the decision to impose a no association order. The applicant claimed that the decision-maker breached the obligation to make decisions consistently with human rights, and to consider human rights in the making of decisions. The applicant failed to make out the claims with respect to the right to protection from torture and cruel, inhuman or degrading treatment, or the right to liberty and security of person, but was successful in making out the claim in relation to the right to humane treatment when deprived of liberty.  
  • Innes v Electoral Commission of Queensland & Anor (No 1) [2020] QSC 273; Innes v Electoral Commission of Queensland & Anor (No 2) [2020] QSC 293; Innes v Electoral Commission of Queensland & Anor (No 3) [2020] QSC 320

    A self-represented litigant applied to the Court of Disputed Returns for orders to quash the result of the Sunshine Coast Regional Council election and bring about a new election. The Court found that the applicant’s submissions alleged a breach of the right to recognition and equality before the law (section 15) and the right to take part in public life (section 23). However, the Court held that any limitation on human rights was reasonable and justifiable pursuant to s 13 of the Human Rights Act 2019 (Qld).
  • TRE v Director-General, Department of Justice and Attorney-General [2020] QCAT 306

    This case concerned a self-represented applicant seeking review of the respondent’s decision to issue her with a negative blue card notice.
  • The State of Queensland through the Department of Housing and Public Works v Tenant [2020] QCAT 144

    The Department of Housing and Public Works sought to terminate the self-represented respondent’s State Tenancy Agreement on the basis of the ‘objectionable behaviour’ of the Respondent.
  • Du Preez v Chelden [2020] ICQ 008

    This case concerns conduct occurring prior to the commencement of the Human Rights Act 2019 (Qld). It was agreed by both parties that the Human Rights Act 2019 (Qld) did not apply to the case pursuant to s 108, which confirms that the Act has no retrospective application, and so it was not considered in any depth.
  • Wagners Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Ltd & Anor [2020] QSC 124

    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.
  • Volkers v The Queen [2020] QDC 25

    An application for a permanent stay of an indictment was brought by a former swimming coach on the basis of lack of fairness and oppression amounting to an abuse of process due to significant delay in proceedings. Reid DCJ found that the delay in prosecution of the accused since 2002 did amount to a breach of his right to a trial without unreasonable delay under the Human Rights Act 2019 (Qld).
  • The Australian Institute for Progress Ltd v The Electoral Commission of Queensland & Ors [2020] QSC 54

    A political think tank argued that provisions of the Electoral Act 1992 (Qld) limited the freedom of expression and the right to take part in public life contained in the Human Rights Act 2019 (Qld). Applegarth J held that the limitations were proportionate and reasonable.
  • Balemi v Ingles [2020] QCATA 58

    The right to a fair hearing (Human Rights Act 2019 (Qld) s 31) is mentioned in the context of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), but there is no substantive discussion of the right or its application.


Subscribe to RSS

Research Area