PD v President, Australian Human Rights Commission [2021] FCA 174

Federal Court of Australia

PD v President, Australian Human Rights Commission [2021] FCA 174 File number: VID 792 of 2020

Judgment of: ALLSOP CJ

Date of judgment: 3 March 2021

Cases cited: Minister for Home Affairs v [PD] [2019] FCAFC 98; 269 FCR 536 [PD] v Minister for Immigration and Border Protection [2018] FCA 62; 159 ALD 138

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 9

Date of hearing: 3 March 2021

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the Respondent: Ms De Abreu of the Australian Human Rights Commission

ORDERS VID 792 of 2020

BETWEEN: PD Applicant

AND: PRESIDENT OF THE AUSTRALIAN HUMAN RIGHTS COMMISSION Respondent

order made by: ALLSOP CJ DATE OF ORDER: 3 MARCH 2021

THE COURT ORDERS THAT:

1. The proceeding be transferred from the Victorian District Registry to the Queensland District Registry. 2. Pursuant to rule 4.12 of the Federal Court Rules 2011 (Cth), the applicant be referred for legal assistance, such assistance to be limited to advice as to: (a) the proper structure of the proceeding; (b) the proper parties to the proceeding; (c) the proper evidence to support the proceeding; (d) the prospects of success for the proceeding; and (e) the question as to the propriety and legitimacy of the asserted set-off of the Commonwealth of costs awarded against the Minister in proceeding QUD116 of 2018 against costs awarded in favour of the Minister for past, unrelated proceedings. 3. There be liberty to apply to re-list the matter before the Chief Justice on two days' notice until such time as the matter is allocated to a judge in the Queensland District Registry. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.