Praljak v Commonwealth of Australia (Federal Court of Australia) [2022] FCA 1438

Praljak v Commonwealth of Australia (Federal Court of Australia) [2022] FCA 1438

The doctrine of judicial immunity bars the applicant's disability discrimination claim in its entirety, as all relevant conduct was performed within jurisdiction and judicial function; further, the claim lacks any legal or factual merit or reasonable prospects of success, and leave is refused under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth).

Jurisdiction
Australia
Judgment Date
30 November 2022
Procedural Posture
Application for Leave Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Judgment on Application for Leave
Outcome
Leave refused; proceeding dismissed; costs reserved
Legal Topics
['judicial Immunity' 'disability Discrimination' 'applications for Leave' 'federal Jurisdiction' 'costs']
['administrative Law' 'constitutional Law' 'human Rights'] ['judicial Immunity' 'disability Discrimination' 'applications for Leave' 'federal Jurisdiction' 'costs']

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Procedural Posture

Application for Leave Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Judgment on Application for Leave

Legal Issues

  1. 1 ['Whether claim for unlawful disability discrimination against judge and Commonwealth can proceed in light of judicial immunity' 'Whether leave should be granted under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth)']

Ratio Decidendi

The doctrine of judicial immunity bars the applicant's disability discrimination claim in its entirety, as all relevant conduct was performed within jurisdiction and judicial function; further, the claim lacks any legal or factual merit or reasonable prospects of success, and leave is refused under s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth).

Court Disposition

Leave refused; proceeding dismissed; costs reserved

Orders

  • ['Leave pursuant to s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) be refused.' 'The proceeding be dismissed.' 'The costs of the first respondent, if sought, are reserved for later determination.' 'If no agreement on reserved costs within 7 days, matter to be referred to Registrar for...