Przybylowski v Australian Human Rights Commission (No 2)

The case of Przybylowski v Australian Human Rights Commission (No 2) was heard by the Federal Court and involved an application for judicial review by the applicant against the decisions of the Australian Human Rights Commission (AHRC) not to inquire into his complaints. The applicant sought to challenge the AHRC’s decisions related to child support, allegations against the Family Court of Australia, and claimed that his application raised constitutional matters. The applicant's pleadings were deemed baseless and unparticularised, leading to the court considering whether the application had any reasonable prospects of success. Additionally, the court assessed whether the applicant had properly served the required notices under s 79B of the Judiciary Act 1903 (Cth) and whether the proceedings constituted an abuse of process.

The court found that the applicant's claims were not supported by any material facts or evidence, rendering the application hopeless. The allegations of fraud against the Commission were not substantiated and were therefore considered an abuse of process. The court also noted that the applicant had not raised any issues under the Age Discrimination Act 2004 (Cth), and the Commission's decision to refer the applicant to the Commonwealth Ombudsman was justified and within its statutory powers. Furthermore, the court found no arguable constitutional issues in the application, and the required notices under s 79B had not been served.

The court concluded that the application for judicial review had no reasonable prospects of success and dismissed the application summarily under rule 26.01 of the Federal Court Rules 2011 (Cth). The applicant was ordered to pay the costs of the second respondent as agreed or assessed.