Markan v Bar Association of Queensland

[2015] QCA 128

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious litigants and proceedings
3. › Declaration as vexatious litigant
4. › Prohibition on instituting proceedings
5. › Whether appellant frequently instituted or conducted vexatious proceedings
6. › Vexatious Proceedings Act 2005 (Qld), ss 5, 6
1. Practice and Procedure
2. › Vexatious litigants and proceedings
3. › Leave to apply for vexatious proceedings order
4. › Whether leave must be obtained before filing substantive application
5. › Whether consideration of merits of proposed application appropriate in determining leave
6. › Vexatious Proceedings Act 2005 (Qld), s 5
1. Constitutional Law (Cth)
2. › International treaties
3. › International Covenant on Civil and Political Rights
4. › Whether ICCPR directly enforceable in State courts
5. › Whether inconsistency with ICCPR invokes s 109 of the Commonwealth Constitution
1. Constitutional Law (Cth)
2. › Section 117 of the Commonwealth Constitution
3. › Discrimination based on State residence
4. › Whether s 117 makes laws of one State applicable in another State

Quick Take

The ICCPR is not directly enforceable in Queensland courts and its inclusion in the schedule to the Australian Human Rights Commission Act 1986 (Cth) does not make it a law enforceable in State courts. Section 117 of the Commonwealth Constitution does not make laws enacted by one State applicable in another State. Under the Vexatious Proceedings Act 2005 (Qld), it is not necessary for an applicant to obtain leave under s 5 before filing its substantive application, and the court may consider the merits of the proposed application in determining whether to grant leave.