Juries Against Illegal Laws Incorporated v The State of Tasmania

Juries Against Illegal Laws Incorporated (JAILI) sought a declaration that the Family Violence Act 2004 (Tas) (the State Act) was invalid and inconsistent with Commonwealth laws. They also sought damages for alleged unlawful practices under the State Act and injunctive relief against the State of Tasmania. The State of Tasmania applied for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) or, in the alternative, for the statement of claim to be struck out under O 11 r 16 of the Federal Court Rules.

The Court held that JAILI had no reasonable prospect of successfully prosecuting its proceeding. The claims based on the Kable principle, conferral of non-judicial power, and inconsistency with the Family Law Act 1975 (Cth) were fundamentally misconceived. The claim under the Sex Discrimination Act 1984 (Cth) was not properly before the Court as it had not been referred to the Australian Human Rights Commission. Finally, JAILI could not claim damages as it had not suffered the alleged wrongs.

The Court ordered that judgment be given for the State of Tasmania and that JAILI pay the State's costs.