Bropho v Human Rights and Equal Opportunity Commission
Jurisdiction | Australia Federal only |
Judgment Date | 2004 |
Neutral Citation | [2004] FCAFC 16 |
Year | 2004 |
Date | 2004 |
Court | Full Federal Court (Australia) |
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31 cases
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1) Berkeley Community Villages Ltd 2) Berkeley Group Plc v 1) Fred Daniel Pullen 2) Kathleen Marguerite Pullen 3) Alan John Pullen
...(ME) and PTY Limited v Minister for Public Works (1992) 26 NSWLR 234 and Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16. 92 The Interfoto case did not concern a contractual obligation to act in good faith. It concerned the question whether a contract was subject to a c......
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Mark Faulkner v Vollin Holdings Ltd
...clause was advanced by the claimant primarily by reference to dicta of French J in Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16 (“ Bropho”). That was an Australian case which considered the concept of good faith in the very different context of a statutory defence un......
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Mid Essex Hospital Services Nhs Trust v Compass Group Uk and Ireland Ltd (trading as Medirest)
...to it the parties would act in utmost good faith towards one another and reasonably and prudently. Morgan J considered Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16, where French J in the Federal Court of Australia canvassed United States authority. Morgan J concluded......
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Mid Essex Hospital Services Nhs Trust v Compass Group Uk and Ireland Ltd (trading as Medirest)
... ... 's staff, any racial discrimination and equal opportunities policies), rules, procedures and ... 5.3 In addition to any other rights of the Trust and any Beneficiary under the ... ...
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1 firm's commentaries
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Anti-discrimination law reform in Western Australia
...intersex status page 22 5 Review of the Equal Opportunity Act 1984 (WA) page 80 6 Bropho v Human Rights & Equal Opportunity Commission (2004) 135 FCR 105, 120 7 D'Alto and Curtin University [2019] WASAT 61 at [21] - [22]. The content of this article is intended to provide a general guide to......
3 books & journal articles
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The Constitutional (In)Validity of Religious Vilification Laws: Implications for their Interpretation
...Inc (Final) [2004] VCAT 2510 (Unreported, Higgins V-P 22 December 2004). 176 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105, 125–6. See also his Honour's remarks at 128 and 131–2 in relation to reasonableness and good faith. ...
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Context and the Limits of Legal Reasoning: The ‘Victim Focus’ of Section 18c in Comparative Perspective
...shit’. This label was found to be insufficiently offensive or intimidating. Although the label, ‘white piece of shit’, was offensive for 135 FCR 105, 124 [70] (French J) (‘Bropho’); Eatock (2011) 197 FCR 261, 325 [267]–[268] (Bromberg J). 145 See, eg, Thampapillai, above n 120. 146 See, eg,......
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UNCERTAINTY IN PRIVATE LAW: RHETORICAL DEVICE OR SUBSTANTIVE LEGAL ARGUMENT?
...vilification as requiring rationality and proportionality in communication: Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105, 128-9 [78]-[82] (French (78) Wyong Shire Council (n 77) 47-8 (Mason J). (79) (1856) 11 Exch 781; 156 ER 1047, 1049. (80) Wyong Shire Council......