Mallesons is committed to human rights law. The only large commercial law firm with a dedicated human rights group, we have significant experience advising pro bono clients with human rights issues and successfully acting for them in human rights related disputes.
Human rights law has become increasingly relevant in Australia with the introduction of the Human Rights Act 2004 (ACT) and the Charter of Human Rights and Responsibilities Act 2006 (VIC), and increasing international regulation and monitoring of human rights compliance.
The Mallesons Human Rights Law Group (HRLG) operates across the firm, bringing a uniquely national and international perspective to our clients’ matters and offering the latest global insights relevant to human rights issues. To read more about our commercial expertise in human rights law click here.
Our HRLG also makes a meaningful contribution to vulnerable individuals and the community by engaging in cutting-edge human rights law case work and advocacy on a pro bono basis.
The latest annual report of the HRLG"s activities can be found here.
Recent work includes:
Acting for two young plaintiffs who brought a landmark constitutional challenge to the Commonwealth Electoral Act 1918 (Cth) — and won. This ground-breaking decision of the High Court of Australia in Rowe v Electoral Commissioner enabled almost 100,000 additional Australians to vote at the 2010 Federal Election. See Mallesons media release here.
Preparing a comprehensive submission to the 2009 national consultation on the protection of human rights in Australia (the Brennan Committee). Mallesons was the only commercial law firm to make such a submission, which can be viewed
here. Preparing submissions to the Senate Legal and Constitutional Affairs Committee's review of proposed legislation to establish mechanisms for human rights scrutiny of proposed legislation, which can be viewed
here, and the Committee's review of legislation to establish a Federal Children's Commissioner, which can be viewed here.Acting for asylum seekers in applications for judicial review in the federal courts. In 2010 two of our lawyers were sent to Christmas Island to assist people seeking asylum. Their work ensured that many asylum seekers were granted visas.
Representing WayOut in its recent landmark victory against Christian Youth Camps Limited (CYC). CYC was found to have breached the Equal Opportunity Act 1995 by refusing to allow WayOut to use facilities because it serves gay and lesbian youth. This is a significant case that sets the benchmark for the scope of the religious belief exemption under equal opportunity legislation.
Preparing communications to the UN Human Rights Committee, and assisting with the preparation of many significant reports to the UN regarding Australia’s compliance with its international human rights obligations.
Our HRLG has a number of strong partnerships and welcomes the opportunity to develop new relationships with suitable organisations.
In Sydney, the work of the HRLG is underpinned by its partnerships with the NSW Disability Discrimination Legal Centre (DDLC), a community legal centre working to provide justice for persons with disabilities, and the Refugee Advice and Casework Service (RACS). As part of these partnerships, the HRLG provides the DDLC and RACS with ongoing legal advice and other administrative support. For example, through our partnership with RACS, solicitors from the firm’s Sydney Centre have been seconded to RACS offices full time, and others have provided administrative law advice and representation in the Federal Magistrates Court to potential refugees who have been refused a protection visa and who have been unsuccessful before the Refugee Review Tribunal.
In Melbourne, the HRLG assisted with the establishment of the Human Rights Law Resource Centre (HRLRC), and is significantly involved in the HRLRC's continuing work through the provision of research and drafting assistance in relation to numerous human rights law projects and through regular contributions to the HRLRC's publications. The HRLG has also recently formalised a partnership with the Asylum Seeker Resource Centre.
On Monday 28 November 2011, Mallesons Stephen Jaques, in conjunction with the Castan Centre for Human Rights Law, will host a public lecture presented by the United Nations Special Rapporteur on trafficking in persons, especially in women and children, Ms Joy Ngozi Ezeilo. Click here for more information.