The ICJ Victoria has reported that the Court of Appeal decision of Christian Youth Camps Limited & Ors v Cobaw Community Health Services Limited & Ors [2014] VSCA 75 (16 April 2014) is available on the website.  The ICJ Australia’s amicus submissions were effective and accepted.  Discrimination on the basis of sexual orientation was proven and accepted as a breach of the legislation.

The Court of Appeal’s decision on the bias application against ICJ is also available on austlii: Christian Youth Camp Limited & Ors v Cobaw Community Services Limited & Ors (No.3) [2014] VSCA 113 (6 June 2014). It was noted at paragraph 5 that:”First, the ICJ is a body which works, nationally and internationally, to defend the rule of law and human rights.  It is, therefore, unsurprising that many judges in Victoria, and throughout Australia, are members of the ICJ.  After all, the proper discharge of the judicial function, impartially and independently, is emblematic of the rule of law.  In that sense, judicial membership of the ICJ should be seen as an explicit reaffirmation of the importance of maintaining impartiality.

As to the value of the submission, the court noted that the basis of the application was that the ICJ had expertise in the area of international human rights and that the ICJ submission provided a “detailed survey and analysis of relevant international jurisprudence….this was a proper submission for an amicus to make, as the informed observer would have appreciated.”  Special leave to appeal to the High Court was refuse in December 2014.

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