Date: 27 October 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Adjudicator Alan Walsh
Human Rights Act 2019 (Qld) Sections: s 31
Rights Considered: Right to a fair hearing
Other Legislation: Acts Interpretation Act 1954 (Qld), ss 9, 14A; Judicial Review Act 1991 (Qld), ss 4, 7, 18, 20, 23, 26; Legal Profession Act 2007 (Qld), s 328; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 4, 13, 28, 29, 48, 93, 126, 127, 136, 138, 139, 140, 156, 226, Schedule 3;
Keywords: Commercial; Public Law Considerations: Fair trial

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. Though not in terms of the Human Rights Act 2019 (Qld), where a company is an artificial person to which the Act did not apply, the Tribunal considered that a company would have no lesser right to justice in that way and dismissed the reopening of the application.

Visit the judgment: Marino Law v VC ([2021]) QCAT 348