Baird v State of Queensland [2005] FCA 1516

A cause of action accrues to each applicant at the time of termination of the complaint by the Commission President; proceedings are not statute-barred under the Limitation of Actions Act 1974 (Qld).

Jurisdiction: Australia
Judgment Date: 30 August 2005
Procedural Posture: Application Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) / Post Termination of Commission Complaint; Judgment on Whether Claims Are Statute Barred
Outcome: Claims not statute-barred; cause of action arose at termination of complaint.
Legal Topics: ['racial Discrimination' 'limitations of Actions' 'complaints Under Human Rights and Equal Opportunity Commission Act']

['discrimination Law' 'administrative Law'] ['racial Discrimination' 'limitations of Actions' 'complaints Under Human Rights and Equal Opportunity Commission Act']

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Procedural Posture

Application Under S 46 PO of the Human Rights and Equal Opportunity Commission Act 1986 (cth) / Post Termination of Commission Complaint; Judgment on Whether Claims Are Statute Barred

Legal Issues

1 ["Whether the Applicants' claim for unlawful racial discrimination is statute-barred under the Limitation of Actions Act 1974 (Qld)" 'Whether the cause of action arose at the time of termination of the complaint by the Commission President']

Ratio Decidendi

A cause of action accrues to each applicant at the time of termination of the complaint by the Commission President; proceedings are not statute-barred under the Limitation of Actions Act 1974 (Qld).

Court Disposition

Claims not statute-barred; cause of action arose at termination of complaint.

Orders

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