Wotton v State of Queensland (No 8) [2017] FCA 639

Wotton v State of Queensland (No 8) [2017] FCA 639

The Court stated and answered common questions where they reflected findings already made in the Liability Reasons and would assist resolution of remaining group and subgroup claims. The applicants' proposed questions about minimum force and avoiding unnecessary disturbance were rejected because the Court had not made findings in those terms and the questions aligned with alleged non-compliance with an action plan rather than the findings used for s 9(1) RDA analysis. The proposed questions about whether entries, searches and arrests of subgroup members involved distinctions or restrictions based on race were accepted because they directly reflected the Court's fact-finding under the...

Jurisdiction
Australia
Judgment Date
06 June 2017
Procedural Posture
Representative Proceeding Alleging Racial Discrimination Arising From Queensland Police Service Conduct on Palm Island / Determined on the Papers; Orders Declaring Common Questions of Law and Fact and Identifying Group and Subgroup Members After Liability Reasons
Outcome
Common questions and answers were declared in Schedules A and B; the applicants' proposed additional questions (d) and (e) were accepted with modification, while proposed questions (a), (b) and (c) were not adopted; group and subgroup members bound by the questions and answers were identified.
Legal Topics
['common Questions of Law and Fact' 'part IVA Representative Proceeding' 'racial Discrimination Act 1975 (cth) S 9' 'australian Human Rights Commission Act 1986 (cth) S 46 PO Relief' 'unlawful Arrests' 'entries and Searches Without Warrant' 'use of Special Emergency Response Team Officers' 'public Safety Preservation Act 1986 (qld) Emergency Declaration' 'federal Court of Australia Act 1976 (cth) Ss 33 Z and 33 Zb']
['practice and Procedure' 'representative Proceedings' 'racial Discrimination' 'human Rights' 'police Powers' 'public Safety and Emergency Powers'] ['common Questions of Law and Fact' 'part IVA Representative Proceeding' 'racial Discrimination Act 1975 (cth) S 9' 'australian Human Rights Commission Act 1986 (cth) S 46 PO Relief' 'unlawful Arrests' 'entries and Searches Without Warrant' 'use of Special Emergency Response Team Officers' 'public Safety Preservation Act 1986 (qld) Emergency Declaration' 'federal Court of Australia Act 1976 (cth) Ss 33 Z and 33 Zb']

Case Brief

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Procedural Posture

Representative Proceeding Alleging Racial Discrimination Arising From Queensland Police Service Conduct on Palm Island / Determined on the Papers; Orders Declaring Common Questions of Law and Fact and Identifying Group and Subgroup Members After Liability Reasons

Legal Issues

  1. 1 ['Whether additional common questions of law and fact should be stated for the claims of group and subgroup members.' 'Whether proposed questions about use of the minimum force necessary and avoiding unnecessary disturbance reflected findings made in the Liability Reasons.' 'Whether proposed questions about entries, searches and arrests involving distinctions or restrictions based on race should be stated as common questions.' 'Whether orders should identify the group and subgroup members bound by the common questions and answers.']

Ratio Decidendi

The Court stated and answered common questions where they reflected findings already made in the Liability Reasons and would assist resolution of remaining group and subgroup claims. The applicants' proposed questions about minimum force and avoiding unnecessary disturbance were rejected because the Court had not made findings in those terms and the questions aligned with alleged non-compliance with an action plan rather than the findings used for s 9(1) RDA analysis. The proposed questions about whether entries, searches and arrests of subgroup members involved distinctions or restrictions based on race were accepted because they directly reflected the Court's fact-finding under the...

Court Disposition

Common questions and answers were declared in Schedules A and B; the applicants' proposed additional questions (d) and (e) were accepted with modification, while proposed questions (a), (b) and (c) were not adopted; group and subgroup members bound by the questions and answers were identified.

Orders

  • ['The issues of law and fact common to the claims of the applicants and the group members are those set out in the questions and answers in Schedule A to these orders.' 'The group members bound by the common questions and answers in Schedule A are Aboriginal persons and Torres Strait Islanders resident on Palm...