Menzies and anor v Owen
[2014] QCAT 661
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- Unreported Judgment
- Appeal Determined - Special Leave Refused (HCA)
- Menzies and anor v Owen[2014] QCAT 661Member Ann Fitzpatrick
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Menzies and anor v Owen[2014] QCAT 661
Menzies and anor v Owen[2014] QCAT 661
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Editorial Notes
- Published Case Name:
Menzies and anor v Owen
- Shortened Case Name:
Menzies and anor v Owen
- MNC:
[2014] QCAT 661
- Court:
QCAT
- Judge(s):
Member Ann Fitzpatrick
- Date:
17 Dec 2014
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 |
|---|---|---|
| Burns v Dye | [2002] NSW ADT 32 | 2 citations |
| Burns v Laws (No.2) | [2007] NSWADT 47 | 1 citation |
| Burns v Radio 2UE Sydney Pty Ltd & Ors | [2004] NSWADT 267 | 2 citations |
| Catch The Fire Ministries Inc v Islamic Council of Victoria Inc | (2006) 15 VR 207 | 1 citation |
| Catch the Fire Ministries Inc v Islamic Council of Victoria Inc | [2006] VSCA 284 | 4 citations |
| Colbran v State of Queensland | [2007] 2 Qd R 235; [2006] QCA 565 | 1 citation |
| Deen v Lamb | [2001] QADT 20 | 3 citations |
| GLBTI v Wilks | [2007] QADT 27 | 2 citations |
| John Fairfax Publications Ltd v Kazak | [2002] NSWADTAP 35 | 2 citations |
| Jones v Toben | (2002) 71 ALD 629 | 1 citation |
| Jones v Toben | [2002] FCA 1150 | 1 citation |
| McGlade v Lightfoot | (2002) 124 FCR 106 | 2 citations |
| Menzies & Anor v Owen | [2013] QCATA 527 | 2 citations |
| Menzies v Owen | [2008] QADT 20 | 2 citations |
| Owen v Menzies | [2010] QSC 387 | 2 citations |
| Owen v Menzies | [2011] QCA 241 | 2 citations |
| Owen v Menzies | [2013] 2 Qd R 327; [2012] QCA 170 | 2 citations |
| Silberberg v Builders Collective of Australia Inc | [2007] FCA 1512 | 3 citations |
| Veloskey & Anor v Karagiannakis & Ors | [2002] NSWADTAP 18 | 1 citation |
| Waterhouse v Bell | (1991) 25 N.S.W.LR. 99 | 1 citation |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| Valkyrie and Hill v Shelton | [2023] QCAT 302 | 8 citations |