Director of Public Transport v XFJ [2010] VSC 319 (29 July 2010)The Victorian Supreme Court has affirmed the importance of a broad approach to the construction of human rights in the Charter, including appropriate reliance on international human rights law and comparative jurisprudence.

AN v Secretary of State for the Home Department [2010] EWCA Civ 869 (28 July 2010)A recent decision before the England and Wales Court of Appeal has found that if a control order is legally flawed, or revoked by the Secretary of State, then it shall be quashed ab initio.

Quinn v Overland [2010] FCA 799 (28 July 2010)The Federal Court of Australia has found that there is a serious issue to be tried that s 20(3)(c) of the Public Administration Act 2004 (Vic) (‘the PA Act’) places a statutory duty on public sector employers to conform with ‘public sector employment principles’.  Although not directly relevant to this case, s 8(ca) of the PA Act defines public sector employment principles to include ‘employment processes that will ensure that… human rights as set out in the Charter of Human Rights and Responsibilities are upheld’.  This decision also supports the view that employment policies established for the purpose of s 8(ca) constitute statutory duties that must be upheld by public sector employers.

Fatima Andersen v Denmark, UN Doc CCPR/C/99/D/1868/2009 (26 July 2010)The UN Human Rights Committee has held that to be a 'victim' under the International Covenant on Civil and Political Rights requires the identification of specific consequences of the conduct that forms the basis of the complaint, such consequences specifically affecting the alleged victim.

  City of Vancouver v Ward 2010 SCC 27 (23 July 2010)The Supreme Court of Canada has handed down a significant judgment on the availability of damages for a breach of human rights under the Canadian Charter of Rights and Freedom.  City of Vancouver v Ward provides a four-step test for the determination of when damages are an appropriate remedy and what its quantum should be to achieve an appropriate and just result.

Director of Housing v TK [2010] VCAT Application 2010/11921 (Unreported, 22 July 2010)VCAT Deputy President Lambrick has held that the Tribunal has jurisdiction to determine whether an application made pursuant to ss 250 and 330(1) of the Residential Tenancies Act has been made in breach of the Charter.  This affirms the decision of Bell J in Director of Housing v Sudi [2010] VCAT 328.

Mayor of London (On behalf of the Greater London Authority) v Hall & Ors [2010] EWCA Civ 817 (16 July 2010)The England and Wales Court of Appeal upheld a High Court decision which held that the Mayor of London is entitled to seek an injunction against a group of protestors who established a long-term camping village in a public space.  The Court found the injunction did not violate the protestors’ right to freedom of expression or the right to freedom of peaceful assembly and freedom of association protections enshrined in arts 10 and 11 of the European Convention of Human Rights.  The Court granted two defendants who protested separately from the group permission to appeal the injunction and associated costs.

Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010) On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment.  The finding overturns a decision by the Secretary of the Department of Justice to deny Ms Castles access to IVF treatment and means that Ms Castles will be eligible for permits to leave prison on a visit-by-visit basis.

Clift v United Kingdom [2010] ECHR 1106 (13 July 2010)In Clift v The United Kingdom, the European Court of Human Rights gave a broad reading to art 14 of the European Convention of Human Rights, finding that a person’s status as a particular class of prisoner could be a ground of discrimination under the Convention.

Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010)On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment.  The finding overturns a decision by the Secretary of the Department of Justice to deny Ms Castles access to IVF treatment and means that Ms Castles will be eligible for permits to leave prison on a visit-by-visit basis.

Smith, R (on the application of) v Secretary of State for Defence & Anor [2010] UKSC 29 (30 June 2010)The Supreme Court of the United Kingdom has held by a 6:3 majority that the Human Rights Act 1998 (UK) has no application to members of the armed forces serving overseas when they are outside military bases.  Therefore, deaths occurring on foreign soil need not be subject to full investigation into the possibility of State failure to protect human life under art 2 of the European Convention on Human Rights.  However, deaths of military personnel on active service overseas which do occur within the jurisdiction of the United Kingdom and which appear to result from State failure should be subject to comprehensive investigation.

Department of Human Services & Department of Health (Anti-Discrimination Exemption) [2010] VCAT 1116 (29 June 2010)In this decision, McKenzie DP granted an exemption on the basis that it constitutes an appropriate special measure to reduce disadvantage caused by discrimination, as permitted by s 8(4) of the Charter.