Federal Court of Australia
Federal Court of Australia
Abraham v Housing Authority [2022] FCA 1145 File number: WAD 173 of 2022
Judgment of: JACKSON J
Date of judgment: 16 September 2022
Date of publication of reasons: 23 September 2022
Catchwords: HUMAN RIGHTS - urgent application for injunction under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) - pending application in Magistrates Court of Western Australia - complaint of alleged racial discrimination made to Australian Human Rights Commission - purpose of s 46PP - preservation of effectiveness of Commission's processes - serious question to be tried - balance of convenience - form of injunction - issues of judicial comity - injunction granted
Legislation: Racial Discrimination Act 1975 (Cth) s 9 Residential Tenancies Act 1987 (Cth) ss 3, 12, 12A, 60, 62, 64, 70A, 71, 72, 73, 75A, Part V Division 4 Australian Human Rights Commission Act 1986 (Cth) ss 11, 46P, 46PB, 46PD, 46PF, 46PG, 46PH, 46PI, 46PJ, 46PO, 46PP, 46PR, Part IIB Division 1
Cases cited: Aboriginal Development Commission v Ralkon Agricultural Co Pty Ltd (1987) 15 FCR 159 Apotex v Les Laboratoires Servier (No 2) [2012] FCA 748 Ashwin v Housing Authority [2019] WASC 144 Australian Securities and Investments Commission v Triton Underwriting Insurance Agency Pty Ltd [2003] NSWSC 1145 Carlsson v Ford [2019] FCA 584 CSR Limited v Cigna Insurance Australia Limited (1997) 189 CLR 345 Daccache v BOC Ltd [2020] FCA 485 Hilton v Guyot (1895) 159 US 113 Li v Minister for Immigration & Multicultural Affairs [2001] FCA 1414 Wileypark Pty Ltd v AMP Ltd [2018] FCAFC 143; (2018) 265 FCR 1 Wood v Lee-Joe [2013] FCCA 1665 Wotton v State of Queensland (No 5) [2016] FCA 1457
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