Miller v Wertheim [2002] FCAFC 156

Miller v Wertheim [2002] FCAFC 156

The speech complained of was not made because of the Jewish ethnic origin or race of the affected group, rather it criticised divisive activities within the community; therefore, the conduct does not constitute unlawful racial discrimination, vilification, or incitement under the Racial Discrimination Act.

Jurisdiction
Australia
Judgment Date
27 May 2002
Procedural Posture
Appeal / Leave to Appeal and Determination of Appeal
Outcome
appeal dismissed with costs
Legal Topics
['racial Vilification' 'racial Discrimination' 'racial Incitement' 'summary Dismissal']
['human Rights' 'racial Discrimination'] ['racial Vilification' 'racial Discrimination' 'racial Incitement' 'summary Dismissal']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Determination of Appeal

Legal Issues

  1. 1 ['Whether the speech made by Peter Wertheim constituted racial vilification, discrimination, or incitement under the Racial Discrimination Act 1975 (Cth)' 'Whether the conduct complained of was done because of the Jewish ethnic origin of the offended persons' 'Whether the claim disclosed any reasonable cause of action under ss 9(1), 9A, 17 and 18C of the Act']

Ratio Decidendi

The speech complained of was not made because of the Jewish ethnic origin or race of the affected group, rather it criticised divisive activities within the community; therefore, the conduct does not constitute unlawful racial discrimination, vilification, or incitement under the Racial Discrimination Act.

Court Disposition

appeal dismissed with costs

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed with costs.']