McGlade v Lightfoot [2002] FCA 1457

FEDERAL COURT OF AUSTRALIA

McGlade v Lightfoot [2002] FCA 1457

HUMAN RIGHTS – RACIAL DISCRIMINATION – respondent made statements to journalist during an interview in a parliamentary office – statements published in newspaper article under that journalist's byline – statements republished in another newspaper attributing the source as being the first article – whether respondent made those statements "otherwise than in private" – whether the making of those statements was reasonably likely in all the circumstances to offend, insult, humiliate or intimidate another person or a group of people – whether respondent's act was done because of the race or ethnic origin of a person or people in the relevant group – onus of proof in relation to statutory exemption – whether in addition to the making of a declaration and an order for payment of costs, the Court should order (as sought by the applicant) the respondent to make a substantial donation to the Aboriginal Advancement Council.

Racial Discrimination Act 1975 (Cth), s 18B, 18C and 18D

Kowalski v Domestic Violence Crisis Service Inc (2001) 113 FCR 67 followed Feghaly v Oldfield (2000) EOC 93-090 referred to March v Stramare (1991) 171 CLR 506 applied Alphacell Ltd v Woodward [1972] AC 824 referred to Hagan v Trustees of the Toowoomba Sports Ground Trust [2000] FCA 1615 applied Creek v Cairns Post Pty Ltd (2001) 112 FCR 352 applied Jones v Scully [2002] FCA 1080 applied Jones v Toben [2002] FCA 1150 applied Vines v Djordjevitch (1955) 91 CLR 512 followed HANNAH McGLADE v SENATOR ROSS LIGHTFOOT W568 of 2001 CARR J 26 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W568 OF 2001

BETWEEN: HANNAH McGLADE

Applicant

AND: SENATOR ROSS LIGHTFOOT

Respondent