Wotton v State of Queensland [2007] FCA 280

Wotton v State of Queensland [2007] FCA 280

It is inappropriate to grant an ex parte interim injunction which would likely disrupt the imminent criminal trial, particularly given the applicant's delay in lodging the complaint; therefore, the application is dismissed.

Parties
Applicant: Lex Patrick Wotton; First Respondent: State of Queensland; Second Respondent: Police Service of Queensland; Third Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Ex Parte Application for Interim Injunction / Dismissal of Ex Parte Application; Transfer of Matter to Queensland Registry
Outcome
Application dismissed; matter transferred to Queensland Registry
Legal Topics
Interim Injunctions, Racial Discrimination, Palm Island Riots, Federal Jurisdiction, Representative Proceedings
Human Rights Interim Injunctions Racial Discrimination Palm Island Riots Federal Jurisdiction Representative Proceedings

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Parties

Lex Patrick Wotton

Applicant

State of Queensland

First Respondent

Police Service of Queensland

Second Respondent

Director of Public Prosecutions

Third Respondent

Procedural Posture

Ex Parte Application for Interim Injunction / Dismissal of Ex Parte Application; Transfer of Matter to Queensland Registry

Legal Issues

  1. 1 Whether an ex parte interim injunction should be granted to restrain criminal proceedings pending determination of a human rights complaint
  2. 2 Whether s 46PP of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) applies in the context of criminal proceedings
  3. 3 Whether the application can be brought as a representative proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

It is inappropriate to grant an ex parte interim injunction which would likely disrupt the imminent criminal trial, particularly given the applicant's delay in lodging the complaint; therefore, the application is dismissed.

Court Disposition

Application dismissed; matter transferred to Queensland Registry

Orders

  • The application for an interim injunction made ex parte be dismissed.
  • The matter be transferred to the Queensland Registry of the Federal Court of Australia.