Brown v State of Queensland [2020] FCA 1614

Federal Court of Australia

Brown v State of Queensland [2020] FCA 1614 File number: NSD 844 of 2020

Judgment of: PERRAM J

Date of judgment: 6 November 2020

Catchwords: HUMAN RIGHTS – application for leave to proceed under s 46PO(3A)(a) Australian Human Rights Commission Act 1986 (Cth) – where Applicant claims discrimination by trial judge and Chief Justice on basis of hearing and visual impairments under International Covenant of Civil and Political Rights, International Covenant on the Rights of Persons with Disabilities and Disability Discrimination Act 1992 (Cth) – where Second and Third Respondents not party to Australian Human Rights Commission complaint PRACTICE AND PROCEDURE – recusal application

Legislation: Constitution s 109 Australian Human Rights Commission Act 1986 (Cth) s 46PO Disability Discrimination Act 1992 (Cth) Supreme Court of Queensland Act 1991 (Qld) s 27 Convention on the Rights of Persons with Disabilities. Opened for signature 30 March 2007. 2515 UNTS 3 art 13. (entered into force 3 May 2008) International Covenant on Civil and Political Rights. Opened for signature 19 December 1966. 999 UNTS 171 arts 2(3) and 14. (entered into force 23 March 1976)

Cases cited: Albrecht v Commissioner of Taxation [2014] FCAFC 176; 228 FCR 177 Austin v Commonwealth [2003] HCA 3; 215 CLR 185 Clarke v Commissioner of Taxation [2009] HCA 33; 240 CLR 272 Fingleton v The Queen [2005] HCA 24; 227 CLR 166 Grigor-Scott v Jones [2008] FCAFC 14; 168 FCR 450 Parliamentary Trustee of Parliamentary Contribution Superannuation Fund v Commissioner of Taxation [2013] FCAFC 127, 216 FCR 329 Summer Swim Pty Ltd v Sam Riley Promotions Pty Ltd [2019] QSC 70