Cumaiyi v Northern Territory of Australia (No 3) [2023] FCA 1288

Federal Court of Australia

Cumaiyi v Northern Territory of Australia (No 3) [2023] FCA 1288 File number: NTD 36 of 2019 NTD 23 of 2021

Judgment of: CHARLESWORTH J

Date of judgment: 26 October 2023

Catchwords: PRACTICE AND PROCEDURE – application to amend pleadings – application to strike out pleadings – class actions alleging breach of s 9 of the Racial Discrimination Act 1975 (Cth) by respondents including the Northern Territory of Australia – whether amendments should be permitted so as to rely on events and circumstances arising after the termination of the lead applicants' complaints to the Australian Human Rights Commission – whether the pleading discloses an act capable of forming the subject matter of a claimed breach of s 9 of the Racial Discrimination Act – whether the pleadings should be interpreted to allege an act arising from the making or mandatory operation of a law – whether the pleading adequately discloses the contravening act – whether the pleading adequately discloses how the act is said to involve a distinction, exclusion or restriction based on (for example) race – pleadings struck out in part – applicants having the opportunity to replead

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO, 46PR Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Racial Discrimination Act 1975 (Cth) ss 3, 9, 10 Northern Territory (Self-Government) Act 1978 (Cth) ss 44, 45 Appropriation (2016-2017) Act 2016 (NT) Crown Proceedings Act 1993 (NT) ss 4, 5 Federal Court Rules 2011 (Cth) r 16.53