Tipler v Moreton Bay City Council

The applicants in Tipler v Moreton Bay City Council were homeless individuals who had been residing in various locations around Kallangar, including Eddie Hyland Park, and were prohibited by the respondent council from camping on public land. The applicants sought judicial review of the council's decisions, alleging that they were incompatible with the Human Rights Act 2019 (Qld) (HRA) and requested an interlocutory injunction to restrain the council from enforcing these decisions until the matter was heard. The applicants also argued that the council failed to properly consider their human rights when making these decisions.

The court was required to decide whether the council's decisions were indeed incompatible with the HRA and whether an interlocutory injunction should be granted pending the outcome of the substantive proceedings. The applicants needed to demonstrate that there was a serious question to be tried and that the balance of convenience favoured the grant of an injunction.

The court found that the applicants had established the necessary criteria to obtain an interlocutory injunction before trial. The court acknowledged that the council's decisions may be unpopular among some members of the community, but emphasised that the HRA provides protections to all citizens, including the homeless. Given the vulnerability of the applicants and the potential loss of their homes during winter, the court considered it appropriate to protect them from such outcomes. Consequently, the court granted an interlocutory injunction in favour of the applicants.

The final orders made by the court restrained the council from taking any action to enforce the notices issued under specified local laws and given to the applicants, until further order. The applicants were also granted an interlocutory injunction pending the outcome of the substantive proceedings.