Koppen, K. v. Commissioner for Community Relations [1986] FCA 219

CATCHWORDS

ADMINISTRATIVE LAW - Natural Justice - Certificates issued following Compulsory Conference under Racial Discrimination Act

1975 - Alleged bias by person presiding at Conference - Whether such a person under duty to accord natural justice.

DISCRIMINATION - Conciliation - Commissioner for Community Relations - Certification that Compulsory Conference has failed

to settle complaint - Receipt of such a certificate pre-condition to commencing civil proceedings under Racial Discrimination Act 1975.

WORDS AND PHRASES - "in connexion with" - Administrative Decisions (Judicial Review) Act, 1977, s.5(1)(a) - Breach of rules of natural justice by person presiding at Compulsory Conference - Decision by Commissioner for Community Relations following Conference to grant certificates - Whether breach occurred "1n connexion with" decision to grant certificates.

Racial D2scrimination Act 1975 Administrative Decisions (Judicial Review) Act 1977

Kioa v. Minister for Immigration and Ethnic Affairs (1985) 62 A.L.R. 321

Testro Bros. Pty. Ltd. v. Tart (1963) 109 C.L.R. 3 Mahon v. Air New Zealand Ltd. (1983) 50 A.L.R. 193 In Re Pergamon Press Ltd. £19717 Ch. 388

National Companies and Securities Commission v. News Corporation (1984) 52 A.L.R. 417

Selvaraian v. Race Relations Board C1976] 1 All E.R. 12 po

KEVIN KOPPEN v. THE COMMISSIONER FOR COMMUNITY RELATIONS - , NO.G52 OF 1985 <> & SPENDER J. & BRISBANE ~ f 2 JUNE 1986. 2 —5 JUN 1986 L fe

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G52 of 1985 GENERAL DIVISTON )

BETWEEN: KEVIN KOPPEN

Applicant

THE COMMISSIONER FOR COMMUNITY RELATIONS

Respondent

DATE JUDGMENT DELIVERED: 2 JUNE 1986

APPEARANCES :

Applicant: Mr. K. McCreanor instructed by Messrs. Pescott Reaston &

Associates

Respondent: Miss M. A. Wilson instructed by Australian Government Solicitor