Cox v Becker [2006] FCA 1670

Cox v Becker [2006] FCA 1670

No prima facie case exists for relief under the Racial Discrimination Act 1975, as members and adherents of the Christian Churches of God do not constitute an ethnic group or are not targeted due to ethnic origin; leave to serve outside the jurisdiction refused.

Jurisdiction
Australia
Judgment Date
05 December 2006
Procedural Posture
Application for Leave to Serve Outside Jurisdiction / Leave to Serve Outside Jurisdiction Refused
Outcome
Leave to serve outside the jurisdiction refused
Legal Topics
['leave to Serve Outside Jurisdiction' 'racial Discrimination' 'ethnic Origin Under Racial Discrimination Act']
['practice and Procedure'] ['leave to Serve Outside Jurisdiction' 'racial Discrimination' 'ethnic Origin Under Racial Discrimination Act']

Case Brief

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Procedural Posture

Application for Leave to Serve Outside Jurisdiction / Leave to Serve Outside Jurisdiction Refused

Legal Issues

  1. 1 ['Whether leave should be granted to serve proceedings outside the jurisdiction' 'Whether a prima facie case for relief is made out under the Racial Discrimination Act 1975' 'Whether members/adherents of Christian Churches of God constitute an ethnic group under the Racial Discrimination Act 1975']

Ratio Decidendi

No prima facie case exists for relief under the Racial Discrimination Act 1975, as members and adherents of the Christian Churches of God do not constitute an ethnic group or are not targeted due to ethnic origin; leave to serve outside the jurisdiction refused.

Court Disposition

Leave to serve outside the jurisdiction refused

Orders

  • ['Leave to serve the proceeding outside the jurisdiction be refused']