Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hurst v State of Queensland (No 2) [2006] FCAFC 151
DISCRIMINATION LAW – application for injunctive relief and general damages on basis of disability discrimination – appellant sought quia timet injunction – likelihood of a future contravention of appellant's rights – whether injunction sought within scope of s 46PO(4) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) – finding that the appellant had suffered no loss or damage not challenged on appeal. Disability Discrimination Act 1992 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PO, 46PO(4) Federal Court of Australia Act 1976 (Cth) ss 23, 24(1)(a) Catholic Education Office v Clarke (2004) 138 FCR 121 discussed Clarke v Catholic Education Office (2003) 202 ALR 340 discussed Hurst v Queensland (2006) 151 FCR 562 referred to Hurst and Devlin v Education Queensland [2005] FCA 405 referred to R v Macfarlane; Ex parte O'Flanagan and Ex parte O'Kelly (1923) 32 CLR 518 cited TIAHNA HURST (BY HER NEXT FRIEND GAIL SMITH) v STATE OF QUEENSLAND (ACTING THROUGH EDUCATION QUEENSLAND) QUD 187 OF 2005
RYAN, FINN AND WEINBERG JJ
27 OCTOBER 2006
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 187 OF 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: TIAHNA HURST (BY HER NEXT FRIEND GAIL SMITH)
Appellant
AND: STATE OF QUEENSLAND (ACTING THROUGH EDUCATION QUEENSLAND)
Respondent
JUDGES: RYAN, FINN AND WEINBERG JJ
DATE OF ORDER: 27 OCTOBER 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appellant's application for injunctive relief and/or compensation be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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