Praljak v State of Queensland [2022] FCA 1437

Praljak v State of Queensland [2022] FCA 1437

Leave to make the application under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) is refused because the claims are barred by judicial immunity and represent an abuse of process; no cogent arguments are advanced to the contrary.

Jurisdiction
Australia
Judgment Date
30 November 2022
Procedural Posture
Application for Leave Under Australian Human Rights Commission Act 1986 (cth) S 46 Po(3 A)(a) / Judgment on Separate Question – Leave to Proceed
Outcome
Leave refused, application dismissed with costs.
Legal Topics
['disability Discrimination' 'judicial Immunity' 'abuse of Process']
['administrative Law' 'human Rights Law'] ['disability Discrimination' 'judicial Immunity' 'abuse of Process']

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Procedural Posture

Application for Leave Under Australian Human Rights Commission Act 1986 (cth) S 46 Po(3 A)(a) / Judgment on Separate Question – Leave to Proceed

Legal Issues

  1. 1 ['Whether leave should be granted to make an application under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth)' 'Whether the doctrine of judicial immunity bars the claim' 'Whether the proceeding is an abuse of process']

Ratio Decidendi

Leave to make the application under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) is refused because the claims are barred by judicial immunity and represent an abuse of process; no cogent arguments are advanced to the contrary.

Court Disposition

Leave refused, application dismissed with costs.

Orders

  • ['Leave pursuant to s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) be refused.' 'The originating application be dismissed.' "The applicant pay the respondent's costs, to be fixed by a Registrar if not agreed."]