Summary of Interventions by the ��鱨վ

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Summary of Interventions by the ��鱨վ

Updated 11 December 2009

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YEAR	NO. OF CASES	NAME OF CASE	SUBJECT MATTER OF CASE	COURT
1988	1.	(1988) 94 FLR 181	Family Law – Sterilisation of a young woman with a disability	Family Court
	2.	Re Jane	Family Law – Sterilisation of person with disability – whether parents require courts consent	Family Court
1990	3.	Federated Workers Union of Aust & Ors 773/1990	Family Law – Parental Leave Test case	AIRC
1991	4.	(1992) 175 CLR 218	Family Law – Sterilisation of a young woman with a disability	High Court
1992	5.	(1992) 35 FCR 96	Employment Law – OH&S issues	Full Federal Court
1992	6.	R v Cheung, Unreported, Badgery-Parker J, 26 November 1992	Criminal Law – Right to a fair trial	NSW Supreme Court
1994	7.	(1994) FLC 92-486	Family Law – Consent to surgical treatment	Family Court
	8.	(1994) 181 CLR 639	Family Law – Abduction of a child	High Court
	9.	(1995) 183 CLR 273	Family Law – Deportation of the father of seven children	High Court
	10.	P & P: In the Matter of; Legal Aid Commission of New South Wales, Unreported, Moore J, 23 September 1994; (1995) FLC 92-615	Family Law – Sterilisation of a young woman with a disability	Family Court Full Family Court High Court
	11.	In re Marion (No.2) (1994) FLC 92-448	Family Law – Sterilisation of a young woman with a disability	Family Court
1995	12.	, Unreported, O’Loughlin J, 30 March 1995; (1996) 136 ALR 303	Refugee Law – ‘One child policy’ of the Peoples Republic of China	Federal Court Full Federal Court
	13.	, FedCt(NT) DG4/95 (1996) 64 FCR 245	Refugee Law – Access to lawyers by persons in detention	Federal Court Full Federal Court
	14.	(1996) FLC 92-659	Family Law – Sterilisation of a young woman with a disability	Family Court
1996	15.	(1996) 59 FCR 450	Electoral Law – Freedom of political speech	Full Federal Court
1996	16.	(1997) 71 ALR 397	Constitutional Law – Alleged inconsistency between State and Federal legislation	High Court
1997	17.	(1997) No.TV 1833 of 1996	Family Law – Relocation of mother and children away from father	Full Family Court
1997	18.	(1998) 193 CLR 280	Employment Law – Meaning of ‘inherent ��ܾ��𳾱�Գٲ�’	High Court
1998	19.	(1998) 195 CLR 337	Constitutional Law – The race power in s 51(xxvi) of the Constitution	High Court
1998	20.	Death of Andrew Ross	Coronial inquest – Death of indigenous youth in custody	NT Coroners Court
2000	21.	AMWU Casuals and Part-time Case 1572/2000	Employment Law – Pay equity for casual and part time Employees	AIRC
2001	22.	(2002) 213 CLR 1	Native Title Law -Definition of native title rights	High Court
	23.	(2001) 65 ALD 161; [2002] 127 FCR 24	Refugee Law – Criminal deportation	Federal Court Full Federal Court
	24.	Victorian Council for Civil Liberties Incorporated & Vardalis v Minister for Immigration & Multicultural Affairs & Ors (2001) 110 FCR 452; Minister for Immigration & Multicultural Affairs & Ors v Vardalis & VGCCL (2001) 110 FCR 491; Vardalis v Minister for Immigration & Multicultural Affairs & Ors – M93/2001 (27 November 2001) (Special leave application to High Court of Australia)	Refugee Law – Tampa litigation	Federal Court Full Federal Court High Court
2002	25.	[2002] HCA 16	Constitutional Law –Standing and sex discrimination legislation	High Court
	26.	[2002] FMCA 266	Discrimination Law – Application of the Disability Discrimination Act 1992 (Cth) to the States	Federal Magistrates Court
	27.	(2002) 122 FCR 29	Refugee Law – Guardianship of unaccompanied minors	Full Federal Court High Court
	28.	(Pay Equity Case) AMWU v Gunn & Taylor (2002) EOC 93-225	Employment Law –Pay equity for casual employees	Australian Industrial Relations Commission
	29.	(2002) 214 CLR 422	Native Title Law – Concept of ‘abandonment’ of native title	High Court
	30.	(2002) 123 FCR 298	Refugee Law – Privative clause amendments	Full Federal Court
	31.	AM (Written submissions provided to Tribunal, decision not publicly available)	Refugee Law – ‘sur place’ amendments to Migration Act 1958 (Cth)	Refugee Review Tribunal
	32.	[2002] FMCA 31	Discrimination Law – Family responsibilities and flexible work hours	Full Federal Court
	33.	Graincorp Operations Ltd v Markham (2003) EOC 93-250	Employment Law – Sexual harassment	Australian Industrial Relations Commission
	34.	(2002) 125 FCR 249	Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth)	Full Federal Court
	35.	Death of Nurjan and Fatimeh Husseini	Death of “unlawful non-citizens” at sea	WA Coroner’s Court
	35.	Death of Nurjan and Fatimeh Husseini	Death of “unlawful non-citizens” at sea
2003	36.	[2003] FamCA 94	Family Law – Right of people with a transsexual history to marry	Full Family Court
	37.	(2003) 211 CLR 441	Refugee Law – Privative clause amendments	High Court
	38.	(2003) 126 FCR 54	Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth)	Full Federal Court
2004	39.	(2004) 219 CLR 562 (2004) 219 CLR 664 (2004) 219 CLR 486	Refugee Law – Power to detain under s 196 of the Migration Act 1958 (Cth)	High Court
	40.	[2004] FCAFC 197	Disability discrimination in Education	Full Federal Court
	41.	(2004) 225 CLR 1	Constitutional validity of s.196 of the Migration Act 1958 (Cth) in so far as it authorises the detention of children	High Court
	42.	[2004] FamCA 297	Family Law – Hormonal Treatment for Gender Identity Dysphoria	Family Court
	43.	ACTU Work and Family Test Case [2005] AIRC PRO82005	Family friendly award provision	AIRC
	44.	Howe v QANTAS (Affidavit filed matter discontinued)	Sex discrimination –pregnancy and flexible working hours	Federal Court
2005	45.	[2005] FCA 1133 (The Commission’s involvement was to make submissions in relation to certain orders sought by the ACCC in the event that breaches of the TPA were established. Submissions were not prepared as the application was dismissed.)	Trade Practices Act 1974 (Cth)	Federal Court
	46.		Aboriginal death in custody on Palm Island	Qld Coroners Court
	47.	The Queen v GJ [2005] NTCCA 20 (The Court refused HREOC’s application for leave to appear)	Group rights (art 27 ICCPR) v individual human rights and fundamental freedoms (freedom from violence from discrimination (CEDAW))	NT Court of Criminal Appeal
	48.	(Written submissions provided to the Coroner)	Systemic issues relating to petrol sniffing	NT Coroners Court
2006	49.	(2006) 156 FCR 451	Indigenous wage differentiation and interpretation of RDA	Full Federal Court
	50.	Coronial Inquest into the death of Scott Simpson	Systemic issues on the treatment of mentally ill people within the criminal justice system	Glebe Coroner’s Court
	51.	Re Bernadette	Medical treatment for children and young people – transsexualism.	Family Court
	52.	(2006) 151 FCR 562	Disability Discrimination in education	Full Federal Court
2007	53.	(2008) 167 FCR 537	Racial and disability discrimination in employment.	Federal Court
	54.	(2008) 169 FCR 59	Racial discrimination under the Reserves (Reserve 43131) Act 2003 (WA).	Full Federal Court
2008	55.	(2008) 237 CLR 1	Interpretation of slavery provisions under the Commonwealth Criminal Code	High Court
	56.	[2009] QDC 233	Racial discrimination and alcohol limitations on Palm Island	Queensland District Court
	57.		Aboriginal death in custody: arrest and transportation of prisoners in remote Western Australia	WA Coroners Court
	58.	[2009] NTMC 014	Deaths in custody, use of force by police in arrest, treatment of people with mental illness	NT Coroners Court
	59.		Racial discrimination and liquor licensing laws	Qld Court of Appeal
2009	60.	NT Coroners Court Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner [2009] NTMC 014	Aboriginal deaths in custody	NT Coroners Court
	61.	Coronial Inquest into the death of Mr Ward	Aboriginal death in custody: arrest and transportation of prisoners in remote Western Australia	WA Coroners Court
	62.	Application by the Australian Municipal, Administrative, Clerical and Services Union and Others for an Equal Remuneration order in the Social and Community Services Industry – Fair Work Australia	Pay Equity application for the whole sector	Fair Work Australia
2010	63.	AB and AH v State of Western Australia and Gender Reassignment Board of WA	Gender Reassignment – application of Gender Reassignment Act WA	High Court
2011	64.	Plaintiff M106/2011 by his Litigation Guardian v Minister for Immigration and Citizenship (Also referred to as Plaintiff M70 /2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 v Minister for Immigration and Citizenship [2011] HCA 32 (31 August 2011))	Human rights – removing unaccompanied children to another country was unlawful.	High Court
	65.	Clarke v Nationwide News trading as The Sunday Times [2012] FCA 307 (27 March 2012)	unlawful discrimination – racial discrimination – contravention of s 18C of the Racial Discrimination Act 1975 (Cth) –posting of comments on a website	Federal Court
	66.	Smeaton	applicant parents challenge whether hormonal treatment of a child for transsexualism requires authorisation by the Family Court, and alternatively seek declaratory relief authorising certain treatment for transsexualism to be administered to their child	Family Court
2012	67.	Ellison & Karnchanit [2012] FamCA 602	International surrogacy arrangements – application for parenting orders – Convention on the Rights of the Child	Family Court
	68.	Re: Jamie [2013] FamCAFC 110	Special medical procedures – childhood gender identity disorder –is treatment of childhood gender identity disorder a medical procedure which requires court authorisation pursuant to the court’s welfare jurisdiction under s 67ZC?	Full Court of the Family Court of Australia
	69.	Plaintiff M47-2012 v Director General of Security [2012] HCA 46	Human rights – adverse security assessment by ASIO of person found to be a refugee – whether regulation prescribing PIC 4002 as a criteria for a protection visa valid – natural justice	High Court
2013	70.	Karim v R; Magaming v R; Bin Lahaiya v R; Bayu v R; Alomalu v R [2013] NSWCCA 23	Human Rights – Constitutional law- criminal law - mandatory minimum sentences - two overlapping provisions for sentences - whether minimum mandatory sentences valid	NSW Court of Criminal Appeal
	71.	Wilson v Joseph Michael Francis, Minister for Corrective Services For The State of Western Australia [2013] WASC 157 (3 May 2013)	Administrative law – decision to declare a place a ‘detention centre’ – transfer juvenile offenders to prison – authority to transfer juvenile offenders in emergency circumstances – human rights	Western Australia Supreme Court
	72.	Magaming v The Queen [2013] HCA 40 (11 October 2013)	Constitutional Law - separation of powers – Mandatory Minimum sentence for people smuggling	High Court
	73.	Maloney v The Queen [2013] HCA 28 (19 June 2013)	interpretation of section 10 and section 8 of the Racial Discrimination Act 1975 (Cth). The Commission sought leave in a further attempt to have the law in relation to section 10 of the Racial Discrimination Act clarified. This followed previous interventions in Aurukun and Morton	High Court
2014	74.	Tajjour, Hawthorne, Forster v NSW 2014	proceedings challenging validity of s 93X of Crimes Act 1900 (NSW)	High Court
	75.	Bateman v Kavan	Definition of parent for Child Support Assessment Act	Family Court of Australia
	76.	CPCF v Min DIPB & Commonwealth	Maritime Powers Act	High Court
	77.	Farnell & Li v Minjaroen	Parenting orders for a child born through an international surrogacy matter	Family Court of Western Australia

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