Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Turner v State of Victoria (Department of Human Services) [2011] FCA 459 Citation: Turner v State of Victoria (Department of Human Services) [2011] FCA 459
Appeal from: Turner v State of Victoria (Dept of Human Services) & Anor [2010] FMCA 920
Parties: JOSHUA TURNER (BY HIS NEXT FRIEND, ANJA TURNER) v STATE OF VICTORIA (DEPARTMENT OF HUMAN SERVICES) and KNOXBRIDGE INCORPORATED
File number: VID 1178 of 2010
Judge: BROMBERG J
Date of judgment: 10 May 2011
Catchwords: HUMAN RIGHTS – Section 46PO(3) of Australian Human Rights Commission Act 1986 (Cth) – how the ambit of a complaint before the Australian Human Rights Commission is to be ascertained for the purpose s 46PO(3) – broad approach contemplated by s 46PO(3) – primary judge erred by applying a narrow approach – application for leave to appeal granted - appeal allowed PRACTICE AND PROCEDURE – Whether application should have been dismissed as an abuse of process because subject matter of the proceeding is already the subject of another application – whether first and later applications cover the same acts of alleged discrimination for the purpose of s 46PO(3).
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PO (1), 46PO(3) Disability Discrimination Act (1992) (Cth)
Cases cited: Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dye v Commonwealth Securities Limited(No 2) [2010] FCAFC 118 Turner v State of Victoria (Dept of Human Services) & Anor [2010] FMCA 920
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