Recent Cases

Fisher v Commonwealth of Australia [2023] FCAFC 106 (12 July 2023) (Mortimer CJ; Katzmann, Charlesworth, Abraham and Kennett JJ)


Catchwords:


HUMAN RIGHTS – discrimination – special case stated – where applicant an Aboriginal man not yet of the age to qualify for the age pension if Social Security Act 1991 (Cth) is applied according to its terms – where Indigenous men have shorter life expectancy than non-Indigenous men – whether applicant or represented persons enjoy the right to apply for and receive age pension ‘to a more limited extent’ than non-Indigenous men for purposes of s 10 of Racial Discrimination Act 1975 (Cth)

REPRESENTATIVE PROCEEDING – whether applicant and represented persons have same interests in proceeding – where interests of group members in proceeding contingent on future events for practical value