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Case Summaries | 17 JUN 2022

Denial of open air and exercise a failure to treat people in prison with humanity and dignity

Davidson v Director-General, Justice and Community Safety Directorate [2022] ACTSC 83In 2018, Mr Nathan Davidson was sentenced for six years and nine months, with a non-parole period of three years and eight months. Mr Davidson was held in solitary confinement on the ‘hard side’ of the Management Unit for a total of 63 days. Mr Davidson challenged the lawfulness of the rear courtyard under the Human Rights Act 2004 (ACT) (Human Rights Act) in the ACT Supreme Court.

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Case Summaries | 8 JUN 2022

Migration, detention and lawfulness: High Court holds detention of Brendan Craig Thoms was not unlawful due to ‘reasonable suspicion’ of the officer

Thoms v Commonwealth of Australia [2022] HCA 20In the present case, Thoms pursued a claim of damages against the Commonwealth for unlawful imprisonment and the High Court, dismissing his claim, determined his detention was not unlawful.

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Case Summaries | 8 JUN 2022

High Court finds citizenship-stripping provision invalid

Alexander v Minister for Home Affairs [2022] HCA 19This decision is of significance because it recognises that the exile of a citizen is a punitive action that has serious consequences for the individual involved

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Case Summaries | 27 MAY 2022

Canadian Supreme Court rules on unconstitutionality of consecutive first-degree murder sentences

Her Majesty The Queen and Attorney General of Quebec v Alexandre Bissonnete 2022 SCC 23Bissonnette is a landmark decision of the Supreme Court of Canada which held that life sentences without a possibility of parole constitute cruel and unusual punishment.

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Case Summaries | 19 MAY 2022

New South Wales Court of Appeal affirmed the decision of the NCAT in Anti-Discrimination Act case

Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 147On 19 July 2021, the New South Wales Court of Appeal affirmed the decision of the New South Wales Civil and Administrative Tribunal (NCAT) in favour of the respondent, Ms Yelda and dismissed the appeal by Vitality Works Australia Pty Ltd (Vitality Works).

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Case Summaries | 11 MAY 2022

High Court: Decision-makers can ‘defer’ consideration of non-refoulement obligations when assessing whether to revoke a visa cancellation decision made on character grounds

Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17Where a person’s visa is mandatorily cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth) (the Migration Act), s 501CA provides a procedure for the Minister to invite the former visa holder to make representations if they consider the cancellation decision should be revoked.

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Case Summaries | 6 MAY 2022

Philippines Commission on Human Rights finds that the world’s largest emitters of greenhouse gas emissions engaged in “wilful obfuscation” of climate science and breached human rights

Commission on Human Rights of the Philippines, National Inquiry on Climate Change (2022)On 6 May 2022, the Philippines Commission on Human Rights (Commission) released its findings from its inquiry into the world’s largest producers of crude oil, natural gas, coal and cement (Carbon Majors). The Commission released a report which established that corporations can be held responsible for the human rights violations that result from climate change.

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Case Summaries | 25 MAR 2022

High Court: Restrictions on duplicating political party names are constitutional

Ruddick v Commonwealth of Australia [2022] HCA 9Mr John Ruddick (the applicant) challenged the constitutional validity of recent amendments to the Commonwealth Electoral Act 1918 (Cth) (the Act) which limit registration of political parties whose name or logo contains a word in common with that of a previously registered political party.

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Case Summaries | 16 MAR 2022

Appeal allowed in disability discrimination employment case

Ryan v Commissioner of Police, NSW Police Force [2022] FCAFC 36Mr Ryan commenced proceedings against the Commissioner of Police, NSW Police Force alleging that the Commissioner had engaged in unlawful discrimination on the grounds of disability in contravention of s 15(2)(b) and (d) of the Disability Discrimination Act 1992.

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Case Summaries | 22 DEC 2021

Canadian court orders government to pay legal fees in First Nations Drinking Water Class Action

Tataskweyak Cree Nation v Canada (Attorney General), 2021 FC 1442 (CanLII)The proceeding involved a court determination about whether fees payable to the Applicants' counsel were "fair and reasonable" in accordance with established case law, following negotiation of a settlement agreement with the state of Canada.

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Case Summaries | 17 DEC 2021

Victorian Court of Appeal grants appeal against decision that random urine testing, and associated strip searches, are incompatible with human rights

Thompson v Minogue [2021] VSCA 358The Victorian Court of Appeal granted leave to appeal against the Supreme Court’s earlier decision that the directions at Barwon Prison that Dr Craig Minogue submit to random urine tests, and strip searches before the tests, were incompatible with his rights to privacy and to be treated with dignity while deprived of liberty in breach of section 38(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter).

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Case Summaries | 17 DEC 2021

Federal Court: Blowing the whistle to the media is not a freestanding workplace right

Quirk v Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 1587A recent decision from Perram J of the Federal Court has confirmed that, in the absence of specific protections under whistleblowing laws, blowing the whistle to the media about wrongdoing at work is not a workplace right for the purpose of general protections in the Fair Work Act 2009 (Cth).

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