Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott v Human Rights Commission [2012] FCA 1466 Citation: Scott v Human Rights Commission [2012] FCA 1466
Parties: RALPH SCOTT and SOPHIE SCOTT v AUSTRALIAN HUMAN RIGHTS COMMISSION
File number: VID 1106 of 2012
Judge: TRACEY J
Date of judgment: 24 December 2012
Catchwords: PRACTICE AND PROCEDURE – applicants subject to order that no further proceedings be issued without leave of the Court - application for leave to commence proceeding – discretionary considerations – whether proceeding vexatious – whether reasonable cause of action exists
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth Australian Human Rights Commission Act 1986 (Cth)
Cases cited: Commonwealth of Australia v Scott [2011] FCA 768 – considered, followed Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1323 – considered, followed Granich and Associates v Yap [2004] FCA 1567 – cited Yap v Granich Partners [2008] FCA 1380
Date of hearing: Determined on the papers
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 22
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1106 of 2012
BETWEEN: RALPH SCOTT
First Applicant
SOPHIE SCOTT
Second Applicant
AND: AUSTRALIAN HUMAN RIGHTS COMMISSION
Respondent
JUDGE: TRACEY J DATE OF ORDER: 24 DECEMBER 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicants' application for leave to start a proceeding be refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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