Abraham v Housing Authority

The case of Abraham v Housing Authority was heard in the Federal Court of Australia. The applicant, Mr Abraham, sought an injunction against the Housing Authority to prevent them from removing him from his residence. This application was made under s 46PP of the Australian Human Rights Commission Act 1986 (Cth), and it was heard on an interlocutory basis. The primary issue before the court was whether to grant an injunction to prevent the Housing Authority from removing Mr Abraham from his residence until the conclusion of a pending application in the Magistrates Court of Western Australia. This application was brought pursuant to a complaint of racial discrimination made to the Australian Human Rights Commission.

The court considered the purpose of s 46PP of the Australian Human Rights Commission Act, which is to preserve the effectiveness of the Commission's processes. The court found that there was a serious question to be tried, and that the balance of convenience favoured granting the injunction. The court also considered issues of judicial comity, and found that the granting of the injunction would not interfere with the pending proceedings in the Magistrates Court. The court accepted undertakings from the parties, and made orders preventing the Housing Authority from removing Mr Abraham from his residence without first giving fourteen days' written notice to his solicitors.

The court found that the application met the criteria for an injunction under s 46PP of the Australian Human Rights Commission Act. The court was satisfied that there was a serious question to be tried, and that the balance of convenience favoured granting the injunction. The court also found that the granting of the injunction would not interfere with the pending proceedings in the Magistrates Court, and that issues of judicial comity did not preclude the granting of the injunction. The court made orders preventing the Housing Authority from removing Mr Abraham from his residence without first giving fourteen days' written notice to his solicitors. The court also granted liberty to apply to vary or discharge the orders on 72 hours' advance written notice. No order as to costs was made.