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

Recent judgments on the AAT’s procedural obligations in conducting a review under Part 7 of the Migration Act

In two recent decisions, separate full courts of the Federal Court have considered the procedural obligations of the Administrative Appeals Tribunal when conducting a review under s 414 of the Migration Act 1958 (Cth) of a decision of the Minister's delegate not to grant a protection visa. AYX17 v Minister for Immigration and Border Protection deals … Continue reading Recent judgments on the AAT’s procedural obligations in conducting a review under Part 7 of the Migration Act

Going behind a conviction in administrative law proceedings arising from a criminal offence

The Victorian Court of Appeal handed down an interesting judgment yesterday. In Secretary to the Department of Justice and Regulation v LLF, the applicant Secretary sought leave to appeal on a question of law from VCAT's decision to grant the first respondent a working with children check under the Working With Children Act 2005 (Vic). … Continue reading Going behind a conviction in administrative law proceedings arising from a criminal offence

Procedural fairness and maintaining confidentiality in the identity of complainants

On 29 May 2018, the New South Wales Court of Appeal handed down judgment in Summersford v Commissioner of Police. The judgment is interesting for two reasons. First, it adds to a small but growing body of jurisprudence that deals with how the rules of procedural fairness should be applied in circumstances where there is … Continue reading Procedural fairness and maintaining confidentiality in the identity of complainants