Fertility Control Clinic v Melbourne City Council [2015] VSC 424

JUDICIAL REVIEW — complaint to Melbourne City Council alleging that conduct of protesters constituted a nuisance — Council concluded that the only activity of protesters which constituted a nuisance was the blocking of entry to the complainant’s premises —Council advised that matter should be settled privately by aggrieved persons referring matter to Victoria Police — whether Council failed to exercise jurisdiction by misconstruing meaning of nuisance and misdirecting itself — whether Council failed to exercise jurisdiction by erroneously concluding that the matter could be settled privately by referral to Victoria Police — whether complainant entitled to declaratory relief — Council directed itself to questions required by legislation — any errors were within jurisdiction and did not give rise to entitlement to mandamus — plaintiff entitled to declaratory relief.

Public Health and Wellbeing Act 2008 (Vic) s 586062Supreme Court (General Civil Procedure) Rules 2005 (Vic) O 56; Interpretation of Legislation Act 1984 (Vic) s 35Charter of Human Rights and Responsibilities Act 2006 (Vic); Supreme Court Act 1986 (Vic) 

Kate Eastman SC appeared for the Victorian Equal Opportunity and Human Rights Commission.