Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v Human Rights & Equal Opportunity Commission [2000] FCA 634
ADMINISTRATIVE LAW – review of decision of a single Judge of the Court affirming decision of the Human Rights and Equal Opportunity Commission to not enquire into complaints concerning decisions of the Family Court of Australia – ability of the Court to review a decision not to enquire – whether the Commonwealth has an enforceable duty to investigate decisions of the Family Court of Australia and/or to refer the matter for investigation by the Federal Police
Judiciary Act 1903 (Cth) s39B International Covenant on Civil and Political Rights (United Nations, 1966: ATS 1980 No 3) Convention on the Rights of the Child (United Nations, 1989: ATS 1991 No 4)
Dietrich v The Queen (1992) 177 CLR 292 referred to Minister of State for Immigration & Ethnic Affairs v Ah Min Teoh (1995) 183 CLR 273 referred to SALLY BROWN (FORMERLY MERET FIELD) v HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION and ANOR V33 of 2000 SPENDER, MARSHALL AND GYLES JJ 12 MAY 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V33 of 2000
BETWEEN: SALLY BROWN (FORMERLY MERET FIELD)
APPELLANT
AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION
FIRST RESPONDENT
COMMONWEALTH OF AUSTRALIA
SECOND RESPONDENT
JUDGES: SPENDER, MARSHALL AND GYLES JJ
DATE OF ORDER: 12 MAY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V33 of 2000
BETWEEN: SALLY BROWN (FORMERLY MERET FIELD)
APPELLANT
AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION
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