Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kerrison v Melbourne City Council [2014] FCAFC 130 Citation: Kerrison v Melbourne City Council [2014] FCAFC 130
Appeal from: Muldoon v Melbourne City Council [2013] FCA 994
Parties: SARA LOUISE KERRISON v MELBOURNE CITY COUNCIL, CHIEF COMMISSIONER OF POLICE, STATE OF VICTORIA and ATTORNEY GENERAL FOR THE STATE OF VICTORIA
File number: VID 1105 of 2013
Judge(s): FLICK, JAGOT & MORTIMER JJ
Date of judgment: 3 October 2014
Catchwords: CONSTITUTIONAL LAW – Implied freedom of political communication – whether enforcement of Council local laws and regulations that prohibited certain conduct in public gardens effectively burdened implied freedom of political communication HUMAN RIGHTS – Charter of Human Rights and Responsibilities Act 2006 (Vic) – s 38(1) – whether making of Council local laws was incompatible with human rights as set out in the Charter – whether actions of Council officers undertaken pursuant to local laws and regulations were incompatible with human rights PRACTICE AND PROCEDURE – Representative proceeding – whether primary judge erred in exercising discretion pursuant to r 9.21 of Federal Court Rules 2011 (Cth) to make orders that proceeding not continue as representative proceeding – factors relevant to exercise of discretion
Legislation: Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 3, 4, 7, 15, 16, 28,29, 30, 31, 32, 33, 36, 38, 39 Commonwealth Constitution Counter-Terrorism Act 2008 (UK) c 28 ss 62, 63, Sch 7 Crimes Act 1958 (Cth) ss 458, 461, 462 Crown Land (Reserves) Act 1978 (Vic) s 13 Human Rights Act 1998 (UK) c 42 s 6(1) Interpretation of Legislation Act 1984 (Vic) s 38 Judiciary Act 1903 (Cth) ss 39B(1A)(b), 78B Local Government Act 1989 (Vic) ss 111, 118, 224 Subordinate Legislation Act 1962 (Vic) Subordinate Legislation Act 1994 (Vic) ss 3, 21, Parts 2, 2A Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007 para 7(2)(f) Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations (1994) (Vic) regs 18, 21, 32, 33, 34 Melbourne City Council Activities Local Law 2009 cll 1.11, 2.11, 4.6, 5.4, 14.1, 14.12, 14.13, 14.14, 14.15, 14.16, 14.17, 14.18, 14.21, 14.22, 14.23, 14.24 Federal Court Rules 2011 (Cth) r 9.21
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