Blog

Jul

01

Good advice for those in government

Here is some good advice from his Honour Justice Hayne: "If, as is so often the case, legislation bears upon the questions that arise in the matter, what is the form of the Act that was in force at the relevant time? Read the Act. Do not, whatever you do, build your argument upon some […]

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Jun

28

Kable revisited – the effect of supreme court decisions to detain (and the like) which are later set aside

Subject:  What is the effect of a decision of a superior court which is subsequently set aside? Case: State of NSW v Kable [2013] HCA 26 Court: High Court of Australia – Maj: FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJ; Min: GAGELER J Background:  In 1996 the HC found that a NSW Act enabling detention of Mr […]

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Mar

20

Georgiou – administrative decision makers and inadequate reasons – whether Act requires reasons – medical panels

Subject: This case concerns medical panels who make determinations under the Wrongs Act 1958.  Only if they determine that a person has suffered significant injury is that person permitted to sue for non-economic loss. The Act does not require panels to give reasons, but the Convenor of medical panels issued directions to panels to give […]

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Dec

12

Error of law vs error of fact and s 44 AAT Act appeals on a question of law

Subject: Appeals from the AAT to the Federal Court under s 44 AAT Act are “on a question of law”.  Questions of law can be difficult to distinguish from questions of fact, or, indeed, mixed questions of law and fact. Case: Commissioner of Taxation v Crown Insurance Services Ltd [2012] FCAFC 153, Full Federal Court […]

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Nov

20

Forming a belief and jurisdictional facts – M70

Subject: Preliminary views formed by decision makers and jurisdictional facts – when a decision maker has to form a view about something, can that view be reviewed by the court on an objective basis? – High Court – M70 – the Malaysia solution case Case: M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32, […]

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Nov

19

I thought certiorari for error of law on the face of the record was dead – Kocak v Wingfoot

Subject: Error of law on the face of the record can occur when reasons are inadequate – remedy can be quashing of the decision even though jurisdictional error is not established – Supreme Court of Victoria Court of Appeal – Kocak Case: Kocak v Wingfoot [2012] VSCA 259 Court: Court of Appeal – Nettle, Osborn […]

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Nov

19

Using a template for reasons for a decision does not constitute bias – Full Federal Court – SZQHI

Case: Minister for Immigration and Citizenship v SZQHI [2012] FCAFC 160   Court: Full Federal Court – Marshall, Nicholas and Yates JJ   Held: Using a template set of reasons in relation to a decision about claims for refugee status did not give rise to a reasonable apprehension of bias.   Quote: “It is not […]

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