Praljak v State of Queensland [2022] FCA 572

Federal Court of Australia

Praljak v State of Queensland [2022] FCA 572 File numbers: QUD 423 of 2021

Judgment of: LOGAN J

Date of judgment: 6 May 2022

Catchwords: HIGH COURT AND FEDERAL COURT – judges – disqualification – where applicant commences proceeding against docket judge alleging discrimination under Australian Human Rights Commission Act 1986 (Cth) – where claims were of ad hominem nature – where neither party objected to judge continuing to hear the matter – where justice could not be seen to be done in circumstances where proceeding heard by a judge who is a party to separately instituted proceedings – judge disqualified from further hearing of the proceeding

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO

Cases cited: Charisteas v Charisteas (2021) 95 ALJR 824 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Kumaragamage v Rallis No 2 [2001] NSWSC 710 Praljak v Department of Defence [2021] FCA 1668 Vasik v Vasik (2007) 38 FamLR 262

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 30

Date of hearing: 6 May 2022

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the Respondent: Crown Law

ORDERS QUD 423 of 2021

BETWEEN: ADRIAN PRALJAK Applicant

AND: STATE OF QUEENSLAND Respondent

order made by: LOGAN J DATE OF ORDER: 6 MAY 2022

THE COURT ORDERS THAT:

1. Justice Logan is disqualified from the further hearing of the present proceeding. 2. The hearing of the application for leave under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) presently fixed to occur at Ipswich on 24 May 2022 be vacated. 3. The hearing be adjourned to a date to be fixed. 4. Costs of and incidental to today's case management hearing, and those thrown away by the adjournment, be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.