The Moreton Bay Regional Council has made a number of decisions which purport to have the ultimate effect of ejecting homeless people from public land, where they are sleeping rough. Those people challenge the Council’s decisions, on the basis that they were made without proper reference to their human rights and are otherwise unlawful.
Because the Council would not give an undertaking not to take action against them, the applicants sought an interlocutory injunction to prevent the Council from acting upon their decisions (including to eject them) until the proceedings have been heard and determined.
Smith J granted the injunction.
Matthew Hickey OAM KC appeared (pro bono) for the applicants, with Hamish Clift and Nicholas Miranda, instructed by Basic Rights Queensland.
The judgment can be read by clicking here
