Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Margan v President, Australian Human Rights Commission [2013] FCA 109 Citation: Margan v President, Australian Human Rights Commission [2013] FCA 109
Parties: SIMON MARGAN v PRESIDENT, AUSTRALIAN HUMAN RIGHTS COMMISSION SIMON MARGAN v COMMONWEALTH OF AUSTRALIA
File number(s): NSD 1203 of 2012 NSD 1205 of 2012
Judge: JAGOT J
Date of judgment: 21 February 2013
Catchwords: ADMINISTRATIVE LAW – judicial review – abuse of process where statutory appeal available HUMAN RIGHTS – discrimination based on sex or marital status
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Human Rights Commission Act 1986 (Cth) Federal Court Rules 2011 (Cth) Federal Court of Australia Act 1976 (Cth) Marriage Act 1961 (Cth) Sex Discrimination Act 1984 (Cth)
Cases cited: Department of Defence v Human Rights & Equal Opportunity Commission (1997) 78 FCR 208 Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185 Spencer v Commonwealth of Australia (2010) 241 CLR 118; [2010] HCA 28 Wyeth Australia Pty Ltd v Minister for Health and Aged Care (2000) 61 ALD 372; [2000] FCA 330
Date of hearing: 8 February 2013
Place: Sydney
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