Sutherland Shire Council v Folkes [2015] FCA 1288

Sutherland Shire Council v Folkes [2015] FCA 1288

The applicants established a sufficient prima facie case that the respondents, particularly the third respondent, were likely at a public event to engage in speech or acts amounting to unlawful racial discrimination under s 18C of the Racial Discrimination Act, not protected by s 18D as reasonable or in good faith, justifying interlocutory injunctive relief; the balance of convenience favoured maintaining the status quo to prevent likely harm from unlawful conduct, and restriction of some free speech did not outweigh the rights of those likely to be affected.

Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (interim Injunction Decision)
Outcome
Interlocutory injunctions granted; undertakings accepted from first and second respondents; costs order made against third respondent.
Legal Topics
['racial Discrimination' 'interlocutory Injunctions' 'statutory Interpretation of Racial Discrimination Act' 'freedom of Speech' 'quia Timet Injunctions']
['human Rights' 'discrimination Law' 'statutory Interpretation'] ['racial Discrimination' 'interlocutory Injunctions' 'statutory Interpretation of Racial Discrimination Act' 'freedom of Speech' 'quia Timet Injunctions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (interim Injunction Decision)

Legal Issues

  1. 1 ["Whether the respondents' proposed public event and associated speech would amount to unlawful racial discrimination under s 18C of the Racial Discrimination Act 1975 (Cth);" 'Whether applicants were entitled to interim interlocutory relief restraining holding and/or addressing of the event under s 46PP of the Australian Human Rights Commission Act 1986 (Cth);' 'Balance between freedom of speech/assembly and prohibition of racial discrimination under Australian law.']

Ratio Decidendi

The applicants established a sufficient prima facie case that the respondents, particularly the third respondent, were likely at a public event to engage in speech or acts amounting to unlawful racial discrimination under s 18C of the Racial Discrimination Act, not protected by s 18D as reasonable or in good faith, justifying interlocutory injunctive relief; the balance of convenience favoured maintaining the status quo to prevent likely harm from unlawful conduct, and restriction of some free speech did not outweigh the rights of those likely to be affected.

Court Disposition

Interlocutory injunctions granted; undertakings accepted from first and second respondents; costs order made against third respondent.

Orders

  • ['First and Second Respondents undertook not to hold or address the public assembly in Sutherland Shire on 12 December 2015, and to publish cancellation notices online and on social media.' 'Third Respondent restrained until further order from holding or addressing a public assembly at Cronulla or Maroubra.' 'Third...