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keyboard_arrow_upBelgium found to be in breach of European human rights obligations by failing to take substantive climate change mitigation action
VZW Klimaatzaak v Kingdom of Belgium & Others (30 November 2023)In VZW Klimaatzaak v Kingdom of Belgium & Others (Klimaatzaak), the Brussels Court of Appeal ordered that Belgium and the Flemish and Brussels-Capital Regions reduce greenhouse gas (GHG) emissions by 55 percent by 2030 compared to 1990 levels.
Read moreSupreme Court strikes down parts of new NSW anti-protest laws for impermissibly burdening the Commonwealth Constitution’s implied freedom of political communication
Kvelde v State of New South Wales [2023] NSWSC 1560Two environmental activists who challenged New South Wales’ recently reformed anti-protest laws have been in-part successful. The Supreme Court declared parts of section 214A of the Crimes Act 1900 (NSW) (Crimes Act) invalid for impermissibly burdening the Commonwealth Constitution’s implied freedom of political communication.
Read moreCompensation awarded to tenant who experienced psychological inconvenience caused by premises’ lack of security
Young v Chief Executive Officer (Housing) [2023] HCA 31In the case of Young v Chief Executive Officer (Housing) [2023] HCA 31, the High Court allowed an appeal from the Court of Appeal of the Northern Territory Supreme Court, which concerned the Civil and Administrative Tribunal of the Northern Territory’s power under section 122 of the Residential Tenancies Act 1999 (NT) (Act).
Read moreMagistrate failed to consider minor’s right to privacy under the Victorian Charter
MB (a pseudonym) v Children’s Court of Victoria & Anor [2023] VSC 666This case raises important human rights considerations of privacy and the State acting in the best interests of the child, in relation to the State’s retention of a child’s DNA information. Without the Victorian Charter, these fundamental considerations would not have been taken into account.
Read moreA Queensland non-profit has successfully applied for an exemption to employ only women
Children by Choice Association Incorporated [2023] QIRC 293A Queensland non-profit organisation has successfully applied to the Queensland Industrial Relations Commission (the Commission) for an exemption to employ only women.
Read moreState of Victoria was found vicariously liable for a school principal’s failure to adequately respond to antisemitic bullying by students
Kaplan v State of Victoria (No 8) [2023] FCA 1092In Kaplan v State of Victoria (No 8) [2023] FCA 1092 (14 September 2023), the State of Victoria was found vicariously liable for a school principal’s failure to adequately respond to antisemitic bullying by students.
Read moreVictorian Tribunal upholds importance of the Human Rights Charter in planning decision
Bespoke Development Group Pty Ltd v Merri-bek CC [2023] VCAT 758Victorian Tribunal refuses to strike out use of the Human Rights Charter ground in planning decision.
Read moreSydney Trains had unlawfully discriminated against potential employee
Annovazzi v State of New South Wales - Sydney Trains [2023] FedFamC2G 542On 23 June 2023, the Federal Circuit and Family Court of Australia (FCFCA) found that Sydney Trains had unlawfully discriminated against Ms Renee Annovazzi (Ms Annovazzi) by dismissing her, prohibiting her participation in the trainee drivers course and requesting a medical note regarding her disabilities.
Read moreLandmark recognition of human rights and environmental impacts as grounds for a recommendation against the grant of a mining lease
Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21 (25 November 2022) involved the Land Court of Queensland making recommendations to the [Queensland] Minister for Resources (Minister) and the Chief Executive of the Department of Environment and Science (Chief Executive) on Waratah Coal Pty Ltd's (Waratah) applications for a mining lease and environmental authority to mine thermal coal in the Galilee Basin.
Read moreVictory for whistleblowers – the ECHR reaffirms corporate whistleblowers’ right to freedom of expression
Halet v Luxembourg Application No.21884/18The applicant, Mr Raphael Halet, argued that his criminal convictions arising from disclosure of confidential corporate information constituted an infringement of Article 10 of the Convention, being his right to freedom of expression.
Read moreHigh Court finds that electoral expenditure caps in NSW legislation impermissibly burden the implied freedom of political communication
Unions NSW v New South Wales [2023] HCA 4 After “an urgent hearing of what became a non-urgent case”,1 the High Court found that a provision of NSW legislation did in fact burden the implied freedom of political communication. The High Court also determined that it did not have jurisdiction to hear or decide upon the validity of a repealed section of the same legislation, as it was no longer a sufficient “matter”.
Read moreCanadian Federal Court finds that government must take positive steps to repatriate citizens detained in Syria
Boloh 1(A), Boloh 2(A) male only, Boloh 12 and Boloh 13 v The King and the Minister of Foreign Affairs and International Trade [2023] FC 98 The Federal Court of Canada found that the Canadian government had violated the Canadian Charter of Rights and Freedoms by failing to take all reasonable steps to repatriate the applicants in this case, who were Canadian citizens imprisoned in northeastern Syria on suspicion of being involved with Daesh/ISIS.
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