Rushton v Commonwealth of Australia [2023] FCA 1357

Federal Court of Australia

Rushton v Commonwealth of Australia [2023] FCA 1357 File number(s): ACD 22 of 2023

Judgment of: BROMWICH J

Date of judgment: 22 September 2023

Date of publication of reasons: 7 November 2023

Catchwords: HUMAN RIGHTS – complaint of breach of human rights made to Australian Human Rights Commission regarding alleged conduct of police in process of arrest and subsequent detainment – whether a claim of a breach of human rights other than discrimination under a Commonwealth anti-discrimination Act can invoke the jurisdiction of the Federal Court – whether a claim for trademark infringement arises from police officers taking photographs of and fingerprints of applicant following arrest – whether judicial review claim arises in circumstances where decision maker has not yet made reviewable decision – interlocutory application by respondent for summary judgment or in the alternative partial striking out or in the alternative full striking out – summary dismissal of originating application due to claims failing to engage Federal jurisdiction

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Age Discrimination Act 2004 (Cth) Australian Human Rights Commission Act 1986 (Cth) ss 20(2)(c)(iib), 46PO Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1974 (Cth) s 31A Judiciary Act 1903 (Cth) s 39B Sex Discrimination Act 1984 (Cth) Trademarks Act 1995 (Cth) s 120 Federal Court Rules 2011 (Cth) r 26.01 International Covenant on Civil and Political Rights. Opened for signature 19 December 1996, and entered into force on 23 March 1976)