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Tuesday, 26 May 2009

Human rights, fair hearing and vexatious litigants

Edit: Kay had a further (unsuccessful) attempt to overturn his status as a vexatious litigant in Kay v Attorney-General for the State of Victoria (No 2) [2010] VSCA 27.








Last month Dr Manhattan discussed vexatious litigants and Stephen Warne's post on the topic.



Today, the Human Rights Law Resource Centre also posted about Kay v Attorney-General & anor. (Right now, the case isn't available online, though it shows in the daily list for 19 May. I'll edit this post to link to the case when it's available.)



I won't re-invent the wheel to tell you all about this case: the HRLRC explains it in detail. The nub of it is that Mr Kay argued the vexatious litigant order breached the right to a fair hearing in s 24 of the Charter of Human Rights and Responsibilities Act 2006. That relevantly provides:



24. Fair hearing



(1) A person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

The Court of Appeal rejected that claim, noting the appearance before the Court was itself consistent with access to a fair hearing before the Court!

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