Federal Court of Australia
Federal Court of Australia Przybylowski v Australian Human Rights Commission [2021] FCA 1398 File number(s): NSD 38 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 11 November 2021
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment under r 26.01of the Federal Court Rules 2011 (Cth) – where applicant seeks judicial review of a decision of the Australian Human Rights Commission under s 20(2)(ba) of the Australian Human Rights Commission Act 1986 (Cth) not to inquire into his complaint – where applicant seeks review of issues litigated unsuccessfully in the Federal Circuit Court – where the applicant seeks relief that is non-justiciable – whether the applicant has reasonable prospects of success – whether the application discloses a reasonable cause of action – whether the proceedings are an abuse of process – Held: application successful, proceedings dismissed. PRACTICE AND PROCEDURE – orders sought seeking substitution of the Attorney-General of the Commonwealth of Australia as the second respondent in these proceedings – Held: orders made
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 6(1)(a), (c) and (g) Australian Human Rights Commission Act 1986 (Cth), ss 8(6A), 19(1), 20(2)(ba) Judiciary Act 1903 (Cth), s 78B Federal Court Rules 2011 (Cth), rr 9.11, 26.01
Cases cited: ASZ21 v Commissioner of Taxation [2021] FCA 1304 FEY17 v Minister for Home Affairs [2020] FCA 1014 FKV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1950 Glennan v Commissioner of Taxation [2013] HCA 31; (2003) 198 ALR 250 Luck v Secretary, Department of Human Services [2017] FCA 540; (2017) 72 AAR 219 Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473 Przybylowski v Australian Human Rights Commission [2020] FCA 198 R v Australian Broadcasting Tribunal; Ex Parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 Re Culleton [2017] HCA 3; (2017) 340 ALR 550 Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118
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