Rana v Australian Human Rights Commission [2014] FCA 1092

FEDERAL COURT OF AUSTRALIA

Rana v Australian Human Rights Commission [2014] FCA 1092 Citation: Rana v Australian Human Rights Commission [2014] FCA 1092

Parties: RANJIT SHAMSHER JUNG BAHADUR RANA v AUSTRALIAN HUMAN RIGHTS COMMISSION and DEAKIN UNIVERSITY

File numbers: SAD 87 of 2014 SAD 95 of 2014

Judge: WHITE J

Date of judgment: 10 October 2014

Catchwords: COURTS AND JUDGES – Jurisdiction – application for judicial review of decisions of Deakin University which was established and continued in existence by Deakin University Act 1974 (Vic) and by Deakin University Act 2009 (Vic) respectively – whether Federal Court has jurisdiction to hear and determine application and associated claims. PRACTICE AND PROCEDURE – Claims of misleading or deceptive conduct, unconscionable conduct and other contraventions of the Australian Consumer Law – whether claims and proposed claims should be dismissed as having no reasonable prospect of success

Legislation: Acts Interpretation Act 1901 (Cth), s 38(1) Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3(1), 5, 5 (1), 5(1)(a), 8, 8(1), Sch 3 Australian Consumer Law, ss 2, 4, 18, 20, 21, 22, 23, 29, 34, 50, 52, 61, 64, 232, 236, 237, 238 and 250 Australian Human Rights Commission Act 1986 (Cth), ss 46P, 47PH(1)(c) Australian Securities and Investments Commission Act (Cth), s 12CB Competition and Consumer Act 2010 (Cth), s 86, Sch 2 Deakin University Act 1974 (Vic) Deakin University Act 2009 (Vic), s 28 Disability Discrimination Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth), s 31A Federal Magistrates Court Rules 2001, r 13.11 Frustrated Contracts Act 1988 (SA), ss 4, 5, 6, 7, 8 Judiciary Act 1903 (Cth), ss 39B, 79, 80 Misrepresentation Act 1972 (SA), ss 4, 5, 6, 7, 8 Racial Discrimination Act 1975 (Cth) Supreme Court Civil Rules 2006 (SA), rr 199, 200, 201 Trade Practices Act 1974 (Cth)