The Republic of Nauru v WET040 [2018] HCA 60
On 7 November 2018, the High Court of Australia (HCA), comprised of Gageler, Nettle and Edelman JJ, unanimously allowed an appeal from a decision of the Supreme Court of Nauru.
Read MoreTTY167 v Republic of Nauru
The High Court of Australia has decided that Nauru's Refugee Status Review Tribunal (Tribunal) acted unreasonably in refusing the appellant's protection application after the appellant failed to appear before the Tribunal at a scheduled hearing.
Read MoreThe Supreme Court of Canada dismissed an appeal and upheld an order requiring appellants Vice Media Canada Inc. (Vice) and its journalist Ben Makuch (the appellants) to produce communications with Farah Shirdon, a Canadian man suspected of joining ISIS in Syria. The case questions how to balance the freedom and protection of the press with the state’s criminal investigative responsibilities.
Read MoreThe High Court of Australia demonstrated its reluctance to uphold entitlements to confidentiality and privilege where there are egregious breaches of one’s right to a fair trial and legal professional privilege. The main issue before the High Court was between Victoria’s Director of Public Prosecutions (DPP), who wanted to disclose information discovered by Victoria’s anti-corruption commission, and the Chief Commissioner of Victoria Police (Police Commissioner), who opposed disclosure because of security risks to a police informant (EF) who was simultaneously acting as a defence barrister for Tony Mokbel and six of his criminal associates (Mokbel and Associates).
The High Court found in favour of disclosure, holding that EF’s actions were “fundamental and appalling breaches of [her] obligations as counsel to her clients and of her duties to the court”. The Court also described the actions of Victoria Police as “reprehensible conduct in knowingly encouraging her” and “atrocious breaches of the sworn duties imposed on every police officer”.
Read MoreThe Victorian Supreme Court has confirmed that the capacity test under the Mental Health Act 2014 (Vic) (MHA) must be interpreted and applied in a way that is compatible with the human rights of persons receiving compulsory mental health treatment under the Victorian Charter of Human Rights and Responsibilities Act 2006 (Charter). This decision has significant implications for the human rights of persons with mental illness, and particularly for patients who may be subject to compulsory mental health treatment under the MHA.
Read MoreIn a unanimous decision, the United Kingdom Supreme Court overturned the decision of the Northern Ireland Court of Appeal that found a bakery's refusal to supply a cake with the message "support gay marriage" to a gay man amounted to direct discrimination on the grounds of sexual orientation. The United Kingdom Supreme Court found that the bakery's refusal was centred on promoting the message and the bakers would have come to the same decision regardless of who requested it. In the Court's opinion it did not amount to discrimination on the grounds of sexual orientation, or religious beliefs or political opinion.
Read MoreThe Victorian Supreme Court has confirmed that courts must consider the distinct cultural rights of Aboriginal people under the Victorian Charter of Human Rights and Responsibilities Act 2006 (the Charter) when making decisions in relation to an Aboriginal person’s request to be heard in the Koori Court. This decision has significant implications for Aboriginal people across Victoria and for decisions in the Courts about whether an Aboriginal person has access to the Koori Court.
Read MoreThe European Court of Human Rights has found that the UK's bulk interception regime violates Article 8 of the European Convention on Human Rights (right to respect private and family life)because of insufficient safeguards governing the selection of intercepted communications and related communications data. Further, the Courtheld that the regime for obtaining data from communications providers violated Article 8 of the Convention because it was not in accordance with EU law that requires data interference to combat "serious crime" (not just "crime"), and for access to retained data to be subject to prior judicial or administrative review. Finally, the Court found that the bulk interception regime and the regime for obtaining communications data from communications service providers violated Article 10 (right to freedom of expression) because of insufficient safeguards for confidential journalistic material.
Read MoreThe UK High Court has found that the British Broadcasting Corporation (BBC) infringed the privacy of renowned musician Sir Cliff Richard (Sir Cliff) by broadcasting a raid by the South Yorkshire Police (the SYP) following an allegation of historical sexual offences.
Read MoreThe European Court of Human Rights has found that Russia breached human rights conventions in the prosecution and imprisonment of feminist protest band Pussy Riot.
Read MoreThe HRLC is an independent, not-for-profit organisation which protects and promotes human rights in Australia and beyond through a strategic mix of legal action, advocacy, education and capacity building.
We acknowledge and pay our respects to the Traditional Owners owners of the land on which we work and live.
We pay our respects to the First Peoples of this country, their culture and Elders past, present and emerging. We recognise that this land was and always will be Aboriginal and Torres Strait Islander land because sovereignty was never ceded.
WARNING: This website may contain images or names of people who have passed away.
Site & Contents are © 2019 Human Rights Law Centre.
All Rights Reserved.
Level 17, 461 Bourke St Melbourne, VIC 3000
Level 5, 175 Liverpool Street, Sydney, NSW 2000
ABN: 31 117 719 267
