Venerable Dr Peter Carlsson v Right Reverend John Ford

FEDERAL COURT OF AUSTRALIA

Venerable Dr Peter Carlsson v Right Reverend John Ford [2019] FCA 912

File number:

SAD 104 of 2019

Judge:

BESANKO J

Date of judgment:

14 June 2019

Catchwords:

HUMAN RIGHTS — application for an interim injunction under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) — where the applicant alleges unlawful discrimination, defamation and malicious prosecution — where the Court cannot under s 46PO(8) of the Australian Human Rights Commission Act require a person to give an undertaking as to damages as a condition of granting an interim injunction — whether the applicant has a prima facie case — consideration of the balance of convenience

Legislation:

Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO, 46PP

Disability Discrimination Act 1992 (Cth) ss 5, 6

Cases cited:

Australian Broadcasting Corporation v O’Neill [2006] HCA 46; (2006) 227 CLR 57

Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238

Venerable Dr Peter Carlsson v Right Reverend John Ford [2019] FCA 584

Date of hearing:

5 June 2019

Registry:

South Australia

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

Catchwords

Number of paragraphs:

37

Counsel for the Applicant:

Mr J Wells QC

Solicitor for the Applicant:

Sykes Bidstrup

Counsel for the Respondents:

Mr R Harms

Solicitor for the Respondents:

MinterEllison

ORDERS

SAD 104 of 2019

BETWEEN:

THE VENERABLE DR PETER CARLSSON

Applicant

AND:

THE RIGHT REVEREND JOHN FORD

First Respondent

THE SYNOD OF THE DIOCESE OF THE MURRAY OF THE ANGLICAN CHURCH OF AUSTRALIA INC

Second Respondent

THE VERY REVEREND DAVID PRICE

Third Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	14 JUNE 2019

THE COURT ORDERS THAT:

1.The application for interim relief under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) be refused.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BESANKO J:

1. This is an application by the Venerable Dr Peter Carlsson against the Right Reverend John Ford and the Synod of the Diocese of the Murray of the Anglican Church of Australia Inc for an interim injunction under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) (the Act) pending the determination of the proceeding brought by Dr Carlsson. The interim relief sought which is in the following terms:

   1.Pursuant to section 46PO(6) of the Australian Human Rights Commission Act 1986 (Cth), the Court orders that, pending the determination of the within proceedings, the Respondents and each of them will not, whether by themselves, their employees, agents or otherwise:

   1.1act on or otherwise give effect to the claimed termination of the licence held by the Applicant as Archdeacon of the Diocese of the Murray, including his general licence to exercise his ministry as priest in that Diocese; 

   1.2withhold the payment to the Applicant of all entitlements, currently pertaining to the position of the Archdeacon of the Diocese of the Murray and a licensed…