Wotton v State of Queensland [2015] FCA 910

FEDERAL COURT OF AUSTRALIA

Wotton v State of Queensland [2015] FCA 910 Citation: Wotton v State of Queensland [2015] FCA 910

Parties: LEX PATRICK WOTTON, AGNES WOTTON and CECILIA ANNE WOTTON v STATE OF QUEENSLAND and COMMISSIONER OF THE POLICE SERVICE WHO IS SUED AS THE COMMISSIONER OF THE POLICE SERVICE AND AS REPRESENTING THE MEMBERS OF THE QUEENSLAND POLICE SERVICE ENGAGED IN THE IMPUGNED CONDUCT

File number: QUD 535 of 2013

Judge: MORTIMER J

Date of judgment: 21 August 2015

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend originating application and statement of claim substantially – application filed less than one month away from final hearing – consideration of relevant factors including proximity to trial, explanation for delay, effect of grant of leave on trial timetable and the interests of the administration of justice – alleged delay in discovery process – whether amendments assist precise resolution of issues in dispute – representative nature of proceeding weighs in favour of grant of leave – application granted in part HUMAN RIGHTS – discrimination – jurisdiction of the Federal Court under Australian Human Rights Commission Act 1986 (Cth) s 46PO(3)

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO(3) Federal Court of Australia Act 1976 (Cth) ss 37M(1), 37M(2); Pt IVA Racial Discrimination Act 1975 (Cth) s 9 Federal Court Rules 2011 (Cth) rr 8.21, 16.53, 16.55(4), 20.12(1), 20.13(3) Police Service Administration Act 1990 (Qld) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 660 UNTS 171, Art 27 (entered into force 23 March 1976). International Convention on the Elimination of All Forms of Racial Discrimination. Opened for signature 21 December 1965. 660 UNTS 165, Art 5(b) (entered into force 4 January 1969).