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
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
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
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
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
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
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