Audio-visual recordings of Full Court hearings heard in Canberra
Case: ISMAIL V MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
Date: 06 September 2023
Transcript: Hearing
AV time: 3h 26m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: HARVEY & ORS V MINISTER FOR PRIMARY INDUSTRY AND RESOURCES & ORS
Date: 05 September 2023
Transcript: Hearing
AV time: 4h 28m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
AB (a pseudonym) & Anor v. Independent Broad-based Anti-corruption Commission
Case No.
Case no M63/2023
Case Information
Lower Court Judgment
15/12/2022 Supreme Court of Victoria (Court of Appeal) (Emerton P, Beach & Kyrou JJA)
Catchwords
Administrative law – Natural justice – Procedural fairness – Meaning of “adverse material” – Reasonable opportunity to respond to “adverse material” – Where first appellant senior officer of second appellant, a non-governmental body – Where between 2019 and 2021, respondent, Independent Broad-based Anti-corruption Commission (“IBAC”), conducted investigation – Where AB gave evidence in private examination conducted by IBAC – Where IBAC prepared draft special report containing adverse comments and opinions relating to appellants – Where IBAC provided redacted draft reports to appellants seeking response – Where IBAC agreed to provide transcripts of AB’s examination but not transcript of other witnesses – Where Independent Broad-based Anti-corruption Commission Act 2011 (Vic) contains procedural fairness protections in ss 162(2)-(4) regarding adverse findings about public bodies – Where AB commenced proceeding in Trial Division of Supreme Court of Victoria seeking judicial review remedies in relation to draft report on basis of infringement of natural justice – Where CD added to AB’s proceedings against IBAC seeking same relief – Where appellants were unsuccessful at trial, and on appeal in Victorian Court of Appeal – Whether Court of Appeal erred in concluding that “adverse material” in s 162(3) of Independent Broad-based Anti-corruption Commission Act 2011 (Vic) refers only to comments or opinions contained in draft report that are adverse to person, and not evidentiary material on which such comments or opinions are based.
Documents
11/08/2023 Hearing (SLA, Canberra by video-connection)
25/08/2023 Notice of appeal
23/10/2023 Redacted written submissions (Appellants)
19/10/2023 Redacted chronology (Appellants)
30/10/2023 Amended written submissions (Respondent)
10/11/2023 Reply
07/12/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
07/12/2023 Outline of oral argument (Appellants)
07/12/2023 Outline of oral argument (Respondent)
13/03/2024 Judgment (Judgment summary)
Minister for Immigration, Citizenship and Multicultural Affairs v. McQueen
Case No.
Case no P2/2023
Case Information
Lower Court Judgment
13/12/2022 Federal Court of Australia (Mortimer, Banks-Smith & O’Sullivan JJ)
Catchwords
Immigration – Visas – Mandatory cancellation – Representations to Minister to revoke cancellation – Relying on Departmental summary or synthesis of documents – Where respondent’s visa mandatorily cancelled pursuant to s 501(3A) of Migration Act 1958 (Cth) – Where s 501CA requires Minister to invite person affected by mandatory cancellation to “make representations to the Minister”, and empowers Minister to revoke such cancellation if “person makes representations in accordance with the invitation” and Minister satisfied, inter alia, that there is another reason why the original decision should be revoked – Where following notification of visa cancellation respondent submitted documents and former Minister personally decided not to revoke cancellation – Where primary judge found former Minister did not consider representation by respondent – Where Full Court upheld finding, and concluded that where Minister exercises power under s 501CA(4), Minister required to read actual documents submitted, and that Minister cannot rely on Departmental synthesis or summary of those documents – Whether Minister when required by statute to consider documents may rely on Departmental synthesis or summary of those documents.
Documents
10/01/2023 Application for special leave to appeal
11/08/2023 Hearing (SLA, Canberra by video connection)
29/09/2023 Written submissions (Applicant)
29/09/2023 Chronology (Applicant)
27/10/2023 Written submissions (Respondent)
10/11/2023 Reply
14/12/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
14/12/2023 Outline of oral argument (Applicant)
14/12/2023 Outline of oral argument (Respondent)
10/04/2024 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: KARPIK V CARNIVAL PLC ARBN 107 998 443 & ANOR
Date: 04 August 2023
Transcript: Hearing
AV time: 4h 24m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.