A few days ago, the Victorian Court of Appeal handed down judgment in Hazell-Wright v 32 Domain Pty Ltd. The Court refused leave to appeal on the grounds that the one genuinely arguable issue raised by the applicant's application for leave to appeal — whether the trial judge had erred by refusing to grant the applicant … Continue reading Some interesting dicta from the Victorian Court of Appeal on ‘Harman’ obligations in family law proceedings
About two weeks ago (or six months - who can tell anymore?), the High Court handed down judgment in The Commonwealth v Helicopter Resources Pty Ltd. What is unusual about the judgment is that by the time it was handed down (indeed, by the time the case was argued in the High Court), it had … Continue reading It’s like a cow’s opinion – it just doesn’t matter. It’s moo.
About two weeks (or seven binge-watched seasons of 30 Rock, or an amount of time spent playing Assassin's Creed that I'd rather not calculate and am not particularly proud of) ago, a Full Court of the Federal Court handed down judgment in BFH16 v Minister for Home Affairs, holding (by a 2-1 majority) that the … Continue reading The ever-expanding boundaries of the irrationality ground of judicial review (quarantine length post)
It is axiomatic that an administrative decision maker must generally 'consider' the case put before it by a person whose interests are liable to be affected by its decision. As I noted in a previous post, this obligation can be considered to arise from the rules of procedural fairness, from the obligation to take into … Continue reading What does it mean for an administrative decision maker to ‘consider’ the case put before it?
On 16 August 2019, a Full Court of the Federal Court handed down judgment in Assistant Minister for Immigration and Border Protection v Splendido. The case is important because it builds on existing Federal Court jurisprudence on what may variously be described as the 'irrationality' and 'no evidence' ground(s) of judicial review. The two judgments given … Continue reading Irrationality, uninformed speculation and lack of probative evidence: an important new judgment from the Federal Court
In a recent judgment in Twentyman v Secretary, Department of Social Services, Griffiths J refused an application for leave to appeal out of time from an earlier judgment of Wigney J dismissing the applicant's appeal on a question of law from a decision of the Administrative Appeals Tribunal. The judgment does not say anything new about … Continue reading The rule in Browne v Dunn in proceedings before an administrative review tribunal
A little while ago now, on 13 May 2019, the Supreme Court of the United States handed down judgment in Franchise Tax Board of California v Hyatt. The judgment, comprising a majority opinion authored on behalf of the Court's conservative wing by Thomas J and a dissent authored on behalf of the liberal wing by Breyer J, … Continue reading Comparative constitutional law: the Supreme Court case about State sovereign immunity that’s really about something else entirely