Foster v State of Queensland [2006] FCA 1680

FEDERAL COURT OF AUSTRALIA

Foster v State of Queensland [2006] FCA 1680

PRACTICE AND PROCEDURE – application for leave to appeal from an order granting a permanent stay pursuant to Order 20, rule 2(1)(c) of the Federal Court Rules, of particular claims in two proceedings – consideration of whether the effluxion of time in conjunction with the dissipation of evidence probative of aspects of the controversy of fact gives rise, objectively, to an abuse of process. HUMAN RIGHTS – RACIAL DISCRIMINATION – consideration of ss 9 and 15 of the Racial Discrimination Act 1975 (Cth) – consideration of the essential integers comprising a contravention of s 9 of the Racial Discrimination Act 1975 (Cth) – consideration of Baird v State of Queensland [2006] FCAFC 162.

Federal Court of Australia Act 1976 (Cth), s 24(1A) Human Rights and Equal Opportunity Commission Act 1986 (Cth), s 46 PO Racial Discrimination Act 1975 (Cth), ss 9 and 15 Aborigines Act 1971 (Qld) Federal Court Rules, Order 20, rule 2(1)(c) Décor Corporation Pty Ltd v Dart Industries Inc. (1991-1992) 33 FCR 397 Baird v State of Queensland [2006] FCAFC 162 NBGM v Minister for Immigration and Multicultural Affairs [2006] HCA 54 Baird v State of Queensland (No. 1) (2006) 224 ALR 541 Batistatos v Road and Traffic Authority of New South Wales; Batistatos v Newcastle City Council (2006) 227 ALR 425 Hunter Valley Developments Pty Ltd v Cohen (1994) 3 FCR 344 FOSTER & ANOR v STATE OF QUEENSLAND AND BETWEEN BISMARK & ORS v STATE OF QUEENSLAND QUD420 OF 2006

GREENWOOD J

5 DECEMBER 2006

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD420 OF 2006

BETWEEN: DAPHNE FOSTER

First Applicant

CHRISTINE NED

Second Applicant

AND: STATE OF QUEENSLAND

Respondent

BETWEEN: MICHAEL BISMARK