• AB v CD [2020] QCAT 295

    The applicant made an application for a minor debt for the collection and recovery of a child support overpayment by one parent to another.
  • ABD v Director-General, Department of Justice and Attorney-General [2021] QCAT 57

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant. The Tribunal stated that it had considered the provisions of the Human Rights Act 2019 (Qld) and concluded that its decision did not unreasonably compromise any of the human rights affected.
  • Accoom v Pickering [2020] QSC 388

    This case concerned an application for orders regarding a family dispute over the burial location of a deceased Indigenous man. Justice Henry noted that section 28 of the Human Rights Act 2019 (Qld) (cultural rights of Aboriginal and Torres Strait Islander peoples) did not affect the Court’s usual approach to resolving these types of cases as Aboriginal and Torres Strait Islander customs have always been considered.
  • ADI v EGI [2020] QDC 13

    The provisions of the Human Rights Act 2019 (Qld) were cited by a self-represented applicant arguing for a stay of the decision of the Magistrates Court to dismiss her application to vary a protection order. The court gave limited consideration to the interpretation provisions of the Human Rights Act 2019 (Qld), and did not elaborate on the applicant’s arguments.
  • Attorney-General for the State of Queensland v Haynes [2020] QSC 348

    The Attorney-General applied for a supervision order pursuant to ss 13(5)(b) and 16 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) in relation to the respondent, who was convicted of serious sexual offences. The court noted the respondent’s right to a fair hearing (s 31 of the Human Rights Act 2019 (Qld)) when considering the appellant’s submissions, which were not considered further.
  • Attorney-General for the State of Queensland v Sri & Ors [2020] QSC 246

    The Attorney-General sought urgent injunctions to restrain the second, third and fourth respondents from attending or encouraging others to attend a planned protest which included a sit-in on the Story Bridge planned for 8 August 2020.
  • Attorney-General v Carter [2020] QSC 217

    Pursuant to section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the Attorney-General applied to the court for either a continuing detention order or a supervision order in relation to the respondent, Carter, who was convicted of serious sexual offences. The court noted that supervision orders limit the right to liberty and freedom of movement contained in sections 29 and 19 of the Human Rights Act 2019 (Qld), but that they did so to fulfil the statutory purpose of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) relating to  the safety of the community.
  • Baggaley v Commonwealth Director of Public Prosecutions [2020] QCA 179

    This case concerned an appeal against a decision of Flanagan J in April 2020 to refuse the appellant’s application for bail. The appellant argued that his detention was arbitrary and unlawful and that he had the right to a trial without unreasonable delay pursuant to section 29(5)(b) of the Human Rights Act 2019 (Qld).
  • 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.
  • BE v Director-General, Department of Justice and Attorney-General [2020] QCAT 498

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, BE. In conducting its review, the Tribunal had regard to the applicant’s right to a fair hearing (section 31) and right not to be tried or punished more than once (section 34), as well as the right to protection of children (section 26(2)) under the Human Rights Act 2019 (Qld).

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Please contact our group with any enquiries at humanrights@uq.edu.au.

Disclaimer

These case notes are intended to provide summarised general information only. They do not constitute legal advice and should not be relied on as such.  If the subject matter of any case note relates to a transaction or matter of particular concern, you should seek your own independent formal legal advice from an admitted legal practitioner.  Please note, UQ does not offer legal services to the public.