It’s gotta be little Lisa Simpson, Springfield’s answer to a question nobody asked: the Federal Court on issue estoppel in the Administrative Appeals Tribunal

On 11 April 2019, a Full Court of the Federal Court handed down judgment in The Commonwealth v Snell. The judgment is perhaps most notable for the fact that it devotes 12 very interesting paragraphs to the question whether the common law doctrine of issue estoppel applies to proceedings in the Commonwealth Administrative Appeals Tribunal, despite … Continue reading It’s gotta be little Lisa Simpson, Springfield’s answer to a question nobody asked: the Federal Court on issue estoppel in the Administrative Appeals Tribunal

Diverging views on the question of materiality in judicial review proceedings in the Federal Court

In Hong v Minister for Immigration and Border Protection, handed down on 5 April 2019, a Full Court of the Federal Court considered when the Administrative Appeals Tribunal will fall into jurisdictional error by failing to consider a faintly advanced 'other reason' why a decision to cancel a visa should be revoked under s 501CA(4) of the Migration Act 1958 (Cth). … Continue reading Diverging views on the question of materiality in judicial review proceedings in the Federal Court

What is your damage, Heather? Interpreting s 195(1)(a) of the Crimes Act 1900 (NSW)

It is not every day that a criminal damage case from the Local Court at Newcastle finds its way into the High Court. But that is what happened in Grajewski v Director of Public Prosecutions (NSW), a judgment handed down on 13 March 2019.  Grajewski is an interesting case in that at first blush, the answer to … Continue reading What is your damage, Heather? Interpreting s 195(1)(a) of the Crimes Act 1900 (NSW)

Two new judgments on Parliamentary privilege

Two judgments dealing with issues of Parliamentary privilege were handed down by Australian courts in November. The first of these, an interlocutory judgment in Hanson-Young v Leyonhjelm, was given by White J in the Federal Court. The second, Alford v Parliamentary Joint Committee on Corporations and Financial Services, was handed down by Gordon J in the High Court. … Continue reading Two new judgments on Parliamentary privilege

External legal effects as mandatory considerations in administrative decision making

In Minister for Immigration and Border Protection v Egan, a judgment handed down on 8 October 2018, a full court of the Federal Court considered what considerations must be taken into account before a decision whether to revoke a person's Australian citizenship under s 34(2) of the Australian Citizenship Act 2007 (Cth) can lawfully be made. The Court concluded … Continue reading External legal effects as mandatory considerations in administrative decision making

Picking up State laws in federal personal injury compensation claims

In a recent interlocutory judgment in Di Falco v Emirates, Keogh J of the Supreme Court of Victoria considered whether Part VBA of the Wrongs Act 1958 (Vic) imposes limits on the right of a plaintiff to claim non-economic loss damages in respect of personal injury arising in the course of an airline voyage. The facts of … Continue reading Picking up State laws in federal personal injury compensation claims

The latest from the High Court on the nature of judicial and appellate review

In the last two weeks, the High Court has handed down two important judgments in judicial review proceedings arising out of decisions made under the Migration Act 1958 (Cth). The judgments are less important for what they say about decision making under that Act than for what they say about the nature of appellate review … Continue reading The latest from the High Court on the nature of judicial and appellate review