Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1427 Citation: Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1427
Parties: RALPH SCOTT and SOPHIE SCOTT v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and COMMONWEALTH OF AUSTRALIA
File number: VID 1063 of 2010
Judge: MARSHALL J
Date of judgment: 17 December 2010
Catchwords: PRACTICE AND PROCEDURE—application for leave to appeal from summary judgment pursuant to s 31A (2) of the Federal Court of Australia Act 1976 (Cth)—relitigation of past cases—abuse of process.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A (2), 25(2)(a) Australian Human Rights Act 1986 (Cth) s 20 (2) (c)(iii) Administrative Decisions Judicial Review Act 1977 (Cth) ss 5(1)(e), s 5(2)(b), s 5(1)(h), s 5(3)(b), s 5(2)(e), s 5(1)(a), s 5(2)(g) and s 5(1)(j) International Covenant on Civil and Political Rights Opened for signature 16 December 1996. UTS 999 (entered into force 23 March 1976). Declaration on the Rights of Disabled Persons (9 December 1975).
Cases cited: DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Kowalski v MMAL Staff Superannuation Fund Pty Ltd (2009) 178 FCR 401 Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1321
Date of Hearing: 13 December 2010
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