Hawkins v Abetz

Hawkins (the applicant) brought proceedings against Abetz (the respondent), alleging that the respondent had engaged in unlawful discrimination under the Racial Discrimination Act 1975 (Cth) by making certain public statements. The applicant sought declarations and damages. The matter came before Hayne J of the High Court of Australia.

The central legal issue before the Court was whether the respondent's public statements constituted an act done because of the race, colour, or national or ethnic origin of any group of persons, within the meaning of s 18C of the Racial Discrimination Act 1975 (Cth). This required the Court to consider the scope and application of s 18C, particularly in relation to the protection of freedom of speech.

Hayne J considered the text of s 18C and relevant High Court authority. His Honour noted that the provision prohibits acts done because of race, colour, or national or ethnic origin which offend, insult, humiliate or intimidate another person or a group of persons. However, His Honour found that the applicant had not established that the respondent's statements were made *because of* the race, colour, or national or ethnic origin of any group. The applicant's case, as presented, did not demonstrate the necessary causal link between the respondent's motive and the prohibited outcome.

The application was dismissed.