FEDERAL COURT OF AUSTRALIA
Scott v Human Rights Commission [2012] FCA 1466
Citation: Scott v Human Rights Commission [2012] FCA 1466 Parties: RALPH SCOTT and SOPHIE SCOTT v AUSTRALIAN HUMAN RIGHTS COMMISSION File number: VID 1106 of 2012 Judge: TRACEY J Date of judgment: 24 December 2012 Catchwords: PRACTICE AND PROCEDURE – applicants subject to order that no further proceedings be issued without leave of the Court - application for leave to commence proceeding – discretionary considerations – whether proceeding vexatious – whether reasonable cause of action exists Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth
Australian Human Rights Commission Act 1986 (Cth)Cases cited: Commonwealth of Australia v Scott [2011] FCA 768 – considered, followed
Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1323 – considered, followedDate of hearing: Determined on the papers Place: Melbourne Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 22
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 1106 of 2012
BETWEEN: RALPH SCOTT
First ApplicantSOPHIE SCOTT
Second ApplicantAND: AUSTRALIAN HUMAN RIGHTS COMMISSION
Respondent
JUDGE:
TRACEY J
DATE OF ORDER:
24 DECEMBER 2012
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1. The applicants’ application for leave to start a proceeding be refused.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 1106 of 2012
BETWEEN: RALPH SCOTT
First ApplicantSOPHIE SCOTT
Second ApplicantAND: AUSTRALIAN HUMAN RIGHTS COMMISSION
Respondent
JUDGE:
TRACEY J
DATE:
24 DECEMBER 2012
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
For almost two decades Mr and Mrs Scott have been aggrieved by what they consider to have been a failure by Commonwealth government authorities, between 1993 and 1996, to grant them certain social security benefits to which they claimed an entitlement. Their sense of grievance has been such that they have pursued litigation in this and other courts since, at least, 1999.
An account of this litigation is provided by North J in Scott v Human Rights and Equal Opportunity Commission [2010] FCA 1323 at [48]-[97].
As the litigation progressed a pattern emerged. Each case was founded on substantially the same sub-stratum of facts but, in the later cases, different or additional grounds were relied upon. North J provided an overview of the manner in which the various cases were prosecuted when he said (at [220]) that:
“Although the case was framed a little differently in each proceeding, the same dispute was litigated in each case. Mr and Mrs Scott contended that they suffered injury as a result of the conduct of officers of the Commonwealth in the process of initial rejection of the applications for DSP and SB by Mrs Scott. The proceedings considered the liability of the Commonwealth or its officers on a number of different legal bases including breach of statutory duty, breach of common law duty,…
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