On 22 May 2018, a full court of the Federal Court handed down judgment in BXK15 v Minister for Immigration and Border Protection. The judgment deals with two important issues that commonly arise in applications for judicial review of decisions made under the Migration Act 1958 (Cth): the treatment by the Administrative Appeals Tribunal of … Continue reading Treatment of corroborative evidence and country information in decisions under the Migration Act
In Nyoni v Shire of Kellerberrin, handed down on 13 April 2017, a Full Court of the Federal Court considered the elements and scope of the tort of misfeasance in public office. In its enunciation of the elements of the tort, the majority (North and Rares JJ) appears to have significantly expanded the scope of … Continue reading Expanding the scope of liability for misfeasance in public office
In the recent case of Salt v State of Victoria, Keogh J was invited to reconsider the approach that has historically been taken to the imposition of liability in tort on the State of Victoria. The issue arose as a result of an application by the defendant for an order that the plaintiff re-plead her … Continue reading The Supreme Court on Crown liability in Victoria
In Siddique v Martin, handed down on 18 November 2016, the Victorian Court of Appeal considered whether s 78(6) of the Magistrates’ Court Act 1989 (Vic) authorised the Magistrates’ Court to direct police to return items that were seized during the execution of a search warrant but that were not actually described in the search warrant. The central … Continue reading Statutory interpretation: when is an item seized ‘under’ a search warrant?
I’m getting to the High Court’s judgment in Prince Alfred College Inc v ADC later than I would like. However, because it is an important decision, it is still worth some discussion. In ADC, the respondent claimed damages in respect of sexual abuse perpetrated by an employee of the appellant school. At trial, Vanstone J held … Continue reading New guidance on vicarious liability for intentional torts
On 3 November 2016, the Queen's Bench Division handed down judgment in R (Miller) v Secretary of State for Exiting the EU. While the case has obvious practical significance for the Brexit process, for those of us on whom Britain’s leaving the EU would have no immediate effect, the decision is interesting primarily for its … Continue reading Brexit and the relationship between the Crown and Parliament