6-6-22 / Michael Hodge KC, Scott McLeod KC — Human Rights & Discrimination
Where during a hearing the applicant issued a subpoena requiring the production of, among other things, legal advice. Production was resisted on the assertion of legal professional privilege. It was not in dispute that the advice was subject to legal professional privilege. The basis for the pursuit of the subpoena…
16-5-22 / Sarah Spottiswood — Judicial Review & Administrative, Human Rights & Discrimination, Appellate
This was an appeal from a decision of the Federal Court (Rangiah J) dismissing the appellant’s application for habeas corpus. The Full Court of the Federal Court dismissed the appeal. Sarah Spottiswood appeared for the Respondent, instructed by the Australian Government Solicitor. The judgment is published here.
12-11-21 / Salwa Marsh — Human Rights & Discrimination
Goodstart Early Learning introduced a policy that prohibited infants from wearing cultural necklaces during sleep time. The Applicant alleged that the policy and removal of her son’s cultural necklace constituted prohibited conduct pursuant to s 24 of the Anti-Discrimination Act 1992 (NT). The applicant’s contention failed. Although Goodstart’s conduct prima…
22-10-21 / Matthew Hickey OAM — Human Rights & Discrimination, Judicial Review & Administrative
The applicant — a prisoner who is serving a life sentence for murder and mutilation of a corpse — has been subject to a "Maximum Security Order" since 2013. The effect of the order is that since 2013 he has been accommodated in solitary confinement and unable to associate with…
18-3-21 / Scott McLeod KC, Matthew Wilkinson — Appellate, Human Rights & Discrimination
This was an appeal from the decision of Irving v Pfingst [2020] QSC 280. The majority of the Court of Appeal (Fraser and McMurdo JA) allowed the appeal. Fraser and McMurdo JA held that the police officer in question did not honestly believe that there was a proper basis to…
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