McIver v Australian Capital Territory; Williams v Australian; Capital Territory

The two cases of McIver v Australian Capital Territory and Williams v Australian Capital Territory involved applications for extensions of time to commence claims under the Human Rights Act 2004 (ACT). The applicants sought to commence claims against the Australian Capital Territory for alleged unlawful detention and breaches of human rights. The applications were brought before the Supreme Court of the Australian Capital Territory, where the primary legal issues were whether the court could grant an extension of time to commence claims that had lapsed due to the expiry of the limitation period, and whether the Human Rights Act 2004 (ACT) provided for a freestanding cause of action or for compensation or damages against a public authority.

The court considered the principles applicable to granting extensions of time in the absence of statutory provisions. It found that the principles in Hunter Valley Developments Pty Ltd v Cohen applied, requiring a consideration of whether the applicant had acted with reasonable expedition and whether there were any special circumstances justifying an extension of time. The court held that the refusal to grant an extension of time did not constitute a summary dismissal. Regarding the Human Rights Act 2004 (ACT), the court found that s 18(7) did not provide a freestanding cause of action, and s 40C(4) excluded the award of damages against a public authority. The term "unlawful detention" in s 18(7) was interpreted to include detention that was not authorised by law.

As a result, the court dismissed McIver's application, while granting Williams leave to proceed with his claims under the Human Rights Act 2004 (ACT) for declaratory relief only. The court lifted the stay order in Williams' case to allow for the filing and determination of the applications.