Combet & Anor v Commonwealth of Australia & Ors

The applicants, Mr. Combet and Mr. Smith, brought proceedings in the High Court of Australia against the Commonwealth of Australia and two of its ministers, seeking declarations and injunctions concerning alleged contraventions of the *Racial Discrimination Act 1975* (Cth) by the respondents. The dispute arose from statements made by the respondents regarding the applicants' past conduct, which the applicants contended were defamatory and constituted unlawful racial discrimination under the Act.

The central legal issue before the High Court was whether the statements made by the respondents constituted unlawful racial discrimination within the meaning of section 18C of the *Racial Discrimination Act 1975* (Cth). Specifically, the court was required to determine if the conduct was done "because of the race, colour, or national or ethnic origin" of the applicants, and if it was "reasonably likely to offend, insult, humiliate or intimidate" them.

In his judgment, Heydon J found that the applicants had failed to establish that the statements were made because of their race, colour, or national or ethnic origin. His Honour reasoned that the statements were primarily political in nature and related to the applicants' past actions and policies, rather than their inherent characteristics. Consequently, the court concluded that the conduct did not fall within the ambit of section 18C of the *Racial Discrimination Act 1975* (Cth). The High Court therefore dismissed the applicants' claims.