Date: 4 May 2022
Court: Supreme Court of Queensland
Judicial Officer: Martin SJA
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: N/A.
Keywords: Civil Procedure

This case concerned proceedings relating to a challenge of a decision made by the Queensland Human Rights Commissioner to not accept a complaint made by the applicant. Martin SJA ordered the application to be adjourned to a date to be fixed and a contradictor to be appointed to assist the Court in dealing with the matter.

In January 2022, a delegate of the first respondent, the Queensland Human Rights Commissioner, made a decision not to accept a complaint made under the Human Rights Act 2019 (Qld). In a prior application, Applegarth J provided the applicant, Mr Fitzgerald, with a statement of reasons for the decision and adjourned the matter to be listed for further directions. The applicant subsequently filed for the application to be decided without an oral hearing and made submissions outlining his arguments for the application. Martin SJA discussed the issues with the applicant's request for the matter to be heard on the papers and arguments made in his submissions, ordering that a contractor be appointed to assist the Court in dealing with the matter. The matter was adjourned.

No substantive discussion of the Queensland Human Rights Act 2019 (Qld) was required by Martin SJA in adjourning the matter.

Visit the judgment: Fitzgerald v Venables & Anor [2022] QSC 78