Menzies & Bruce v Owen
[2013] QCAT 527
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- Unreported Judgment
- Appeal Determined - Special Leave Refused (HCA)
- Menzies & Bruce v Owen[2013] QCAT 527Justice Alan Wilson P and Senior Member Clare Endicott and Member Hon John Jerrard QC
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Menzies & Bruce v Owen[2013] QCAT 527
Menzies & Bruce v Owen[2013] QCAT 527
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Editorial Notes
- Published Case Name:
Menzies & Bruce v Owen
- Shortened Case Name:
Menzies & Bruce v Owen
- MNC:
[2013] QCAT 527
- Court:
QCAT
- Judge(s):
Justice Alan Wilson P, Senior Member Clare Endicott, Member Hon John Jerrard QC
- Date:
26 Oct 2013
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | [2008] QADT 20 | 19 Sep 2008 | Tribunal found that Mr Owen contravened s 124A of the Anti-Discrimination Act 1991 by engaging in public acts that incited hatred towards, serious contempt for, or severe ridicule of homosexuals on the ground of their sexuality: Member Rangiah |
| Primary Judgment | [2008] QADT 30 | 27 Nov 2008 | Tribunal ordered that Mr Owen pay half of the costs and outlays incurred by the complainants in [2008] QADT 20 to be assessed on the standard basis on the District Court scale: Member Rangiah |
| Primary Judgment | SC No 10395 of 2008 (no citation) | 10 Nov 2009 | Mr Owen appealed against decision of the Anti-Discrimination Tribunal pursuant to s 217 of the Anti-Discrimination Act 1991 (Qld); Mr Owen sought to rely on 2000 pages of argument for one day hearing; directed that those documents be returned to Mr Owen and he file submissions not exceeding 12 pages: A Lyons SJA |
| Primary Judgment | [2010] QSC 387 | 18 Oct 2010 | On the hearing of Mr Owen's appeal against [2008] QADT 20, appeal allowed, orders set aside and matter remitted to Queensland Civil and Administrative Tribunal: Douglas J |
| Primary Judgment | [2013] QCAT 527 | 26 Oct 2013 | On the remittal of the complaints to the Queensland Civil and Administrative Tribunal (QCAT), Mr Owen applied for a stay of proceedings or alternatively that the complaints be dismissed; applications refused: President Wilson, Senior Member Endicott and Member Jerrard QC |
| Primary Judgment | [2014] QCAT 661 | 17 Dec 2014 | On the remittal of the complaints to the Queensland Civil and Administrative Tribunal, held that Mr Owen contravened s 124A of the Anti-Discrimination Act 1991 (Qld): Member Fitzpatrick |
| Primary Judgment | [2015] QCAT 326 | 21 Aug 2015 | On the question of costs of [2014] QCAT 661, ordered that each party bear their own costs of the proceeding: Member Fitzpatrick |
| QCA Interlocutory Judgment | [2010] QCA 137 | 08 Jun 2010 | Mr Owen appealed against orders made in SC No 10395 of 2008 contending that A Lyons SJA erred in removing his material from the Court file; appeal dismissed: M McMurdo P, Holmes and Muir JJA |
| QCA Interlocutory Judgment | [2011] QCA 241 | 16 Sep 2011 | Mr Owen applied for an order under s 68(5) of the Supreme Court of Queensland Act 1991 (Qld) that the proceeding started in the Supreme Court of Queensland on a case stated by the Queensland Civil and Administrative Tribunal for the opinion of the Court be removed into the Court of Appeal; application granted: Fraser and White JJA and M Wilson AJA |
| Appeal Determined (QCA) | [2012] QCA 170 [2013] 2 Qd R 327; (2013) 293 ALR 571 | 22 Jun 2012 | On the hearing of the case stated by the Queensland Civil and Administrative Tribunal (QCAT) for the opinion of the Court; held that, inter alia, QCAT is a court of a State for the purposes of s 77(iii) of the Constitution, QCAT's exercise of federal jurisdiction does not offend the Kable principle and, accordingly, QCAT may hear and determine whether the Anti-Discrimination Act 1991 (Qld) offended the Constitution: de Jersey CJ, M McMurdo P and Muir JA |
| Special Leave Refused (HCA) | [2013] HCATrans 18 | 15 Feb 2013 | Mr Owen's application for special leave to appeal against [2012] QCA 170 refused: French CJ, Hayne and Crennan JJ |
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| Carruthers v Connolly | [1998] 1 Qd R 339; [1997] QSC 132 | 3 citations |
| Citizenship v SZNVW | [2010] 183 FCR 575 | 2 citations |
| Ebner v Official Trustee in Bankruptcy | (2000) 205 CLR 337 | 2 citations |
| Forge v ASIC | (2006) 228 CLR 45 | 1 citation |
| Kable v The Director of Public Prosecutions (NSW) | (1996) 189 CLR 51 | 3 citations |
| Keating v Morris | [2005] QSC 243 | 3 citations |
| New South Wales v Kable | [2013] HCA 26 | 3 citations |
| Nth Australian Aboriginal Legal Aid Services Inc v Bradley | (2004) 218 CLR 146 | 1 citation |
| Owen v Menzies | [2013] 2 Qd R 327; [2012] QCA 170 | 4 citations |
| Owen v Menzies | (2012) 293 ALR 571 | 1 citation |
| Owen v Menzies & Ors | [2013] HCATrans 18 | 2 citations |
| Valente v The Queen | [1985] 2 SCR 673 | 1 citation |
| Webb v The Queen | (1994) 181 CLR 41 | 1 citation |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| AGS | [2015] QCATA 189 | 2 citations |