Pearson v. Commonwealth of Australia & Ors
Case No.
S126/2023
Case Information
Catchwords
Constitutional law – Judicial power of Commonwealth – Usurpation or interference with Commonwealth judicial power – Where plaintiff New Zealand national – Where plaintiff convicted of offences including supply of prohibited drug and sentenced to aggregate term of imprisonment of four years and three months – Where plaintiff's Australian visa cancelled on basis she failed character test in s 501 of Migration Act 1958 (Cth) and upheld on appeal – Where plaintiff commenced fresh proceeding in original jurisdiction of Federal Court seeking judicial review – Where Full Court held aggregate sentence not "a term of imprisonment" within meaning of s 501(7)(c) and plaintiff released from immigration detention – Where plaintiff re-detained following commencement of Migration Amendment (Aggregate Sentences) Act 2023 (Cth) ("Amending Act") – Whether Amending Act invalid usurpation of, or interference with, judicial power of Commonwealth – Whether Amending Act does not operate to validate decision of third defendant because decision not "a thing" done under Migration Act, but "a thing" done under s 43 of Administrative Appeals Tribunal Act 1975 (Cth).
Constitutional law – Powers of Commonwealth Parliament – Acquisition of property on just terms – Whether Amending Act invalid acquisition by Commonwealth of plaintiff's right to sue Commonwealth for false imprisonment other than on just terms, contrary to s 51(xxxi) of Constitution.
Documents*
10/10/2023 Application for Constitutional or other writs
13/02/2024 Special Case
07/03/2024 Order referring special case to the Full Court
26/04/2024 Written submissions (Plaintiff)
26/04/2024 Chronology (Plaintiff)
22/05/2024 Written submissions (First and second defendants)
14/06/2024 Reply
*The due dates shown for documents on this page are indicative only.