Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott v Australian Human Rights Commission [2013] FCA 569 Citation: Scott v Australian Human Rights Commission [2013] FCA 569
Parties: RALPH SCOTT and SOPHIE SCOTT v AUSTRALIAN HUMAN RIGHTS COMMISSION
File number: VID 12 of 2013
Judge: BROMBERG J
Date of judgment: 13 June 2013
Catchwords: PRACTICE AND PROCEDURE – Applicants subject to order that no proceedings be instituted without leave of the Court – Application for leave to commence judicial review proceeding in circumstances where leave to commence such a proceeding had been previously refused – Whether application should be dismissed as an abuse of process.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e), 5(1)(j), 5(2) Australian Human Rights Commission Act 1986 (Cth) ss 20(2)(c)(i), 20(2)(c)(iii), 20(2)(c)(iv), s 46PH(1)(b) Federal Court Rules 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Scott v Pedler [2003] FCA 650 Scott v Pedler [2004] FCAFC 67 Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1323 Scott v Human Rights and Equal Opportunity Commission [2007] FCA 2055 Scott v Human Rights and Equal Opportunity Commission [2007] FMCA 1642 Commonwealth of Australia v Scott [2011] FCA 768 Scott v Human Rights Commission [2012] FCA 1466
Date of hearing: Determined on the papers
Place: Melbourne
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