BEG15 v. Minister for Immigration and Border Protection & Anor

Case No.

S135/2018

Case Information

Lower Court Judgment

29/11/2017 Federal Court of Australia (Kenny J, Tracey J, Griffiths J)

[2017] FCAFC 198

Catchwords

Migration – Jurisdictional error – Migration Act 1958 (Cth) s 438 – Where appellant applied for protection visa – Where application refused by delegate – Where appellant applied to Refugee Review Tribunal for review of decision – Where delegate issued certificate under s 438(1)(a) that disclosure of certain information would be contrary to public interest – Where certificate invalid – Where Tribunal did not inform appellant of certificate or disclose information to appellant – Where Tribunal affirmed delegate’s decision – Where Federal Circuit Court dismissed application for judicial review – Where Full Federal Court dismissed appeal – Whether Full Court erred in failing to find Tribunal fell into jurisdictional error in acting on invalid certificate – Whether Full Court erred in failing to find not open to primary judge to withhold relief where decision affected by jurisdictional error – Whether necessary for applicant to show denial of procedural fairness in addition to invalidity of certificate. 

Short particulars

Documents

10/05/2018 Determination (SLA, Canberra)

24/05/2018 Notice of appeal

30/05/2018 Submitting appearance (Second Respondent)

28/06/2018 Written submissions (Appellant)

06/07/2018 Chronology (Appellant)

26/07/2018 Written submissions (First Respondent)

22/08/2018 Amended Reply

10/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

10/09/2018 Outline of oral argument (Appellant)

10/09/2018 Outline of oral argument (Respondent)

13/02/2019 Judgment (Judgment summary)

Australian Securities & Investments Commission v. Lewski & Anor
Australian Securities & Investments Commission v. Wooldridge & Anor
Australian Securities & Investments Commission v. Butler & Anor
Australian Securities & Investments Commission v. Jaques & Anor
Australian Securities & Investments Commission v. Clarke & Anor

Case Nos.

M79/2018, M80/2018, M81/2018, M82/2018, M83/2018

Case Information

Lower Court Judgment

1/11/2017 Federal Court of Australia (Greenwood J, Middleton J, Foster J)

[2017] FCAFC 171

Catchwords

Corporations – Managed investment schemes – Third party transactions – Corporations Act 2001 (Cth) ss 208, 209, 601FC, 601FD, 601GC – Where directors resolved to lodge deed purporting to amend constitution to authorise payment of fee to responsible entity – Where appellant brought civil penalty proceedings for contraventions of Act against responsible entity and directors – Where trial judge concluded directors breached duties in resolving to lodge deed and authorising payment of fee – Where Full Court allowed appeals – Whether Full Court erred in concluding deed purporting to amend constitution valid until set aside by Court – Whether Full Court erred in concluding deed binding on responsible entity – Whether Full Court erred in failing to find directors involved in contravention of s 208 by authorising payment of fee to responsible entity.

Short particulars

Documents

18/05/2018 Hearing (SLA, Sydney)

01/06/2018 Notice of appeal

19/06/2018 Submitting appearance - all matters (Second Respondent)

26/06/2018 Submitting appearance - Clarke (First Respondent)

06/07/2018 Written submissions - Lewski (Appellant)

06/07/2018 Written submissions - Wooldridge (Appellant)

06/07/2018 Written submissions - Butler (Appellant)

06/07/2018 Written submissions - Jaques (Appellant)

06/07/2018 Written submissions - Clarke (Appellant)

06/07/2018 Joint Chronology (Appellant)

03/08/2017 Written submissions - Lewski (First Respondent)

03/08/2018 Written submissions - Wooldridge (First Respondent)

03/08/2018 Written submissions - Butler (First Respondent)

03/08/2018 Written submissions - Jaques (First Respondent)

24/08/2018 Reply - Lewski

24/08/2018 Reply - Wooldridge

24/08/2018 Reply - Butler

24/08/2018 Reply - Jaques

17/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

17/10/2018 Outline of oral argument (Appellant)

17/10/2018 Outline of oral argument - Lewski (First Respondent)

17/10/2018 Outline of oral argument - Wooldridge; Butler; Jaques (First Respondents)

18/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

13/12/2018 Judgment (Judgment Summary)

CQZ15 v. Minister for Immigration and Border Protection & Anor

Case No.

M75/2018

Case Information

Lower Court Judgment

29/11/2017 Federal Court of Australia (Kenny J, Tracey J, Griffiths J)

[2017] FCAFC 194

Catchwords

Migration – Jurisdictional error – Migration Act 1958 (Cth) s 438 – Where appellant applied for protection visa – Where application refused by delegate – Where appellant applied to Administrative Appeals Tribunal for review of decision – Where delegate issued certificate under s 438(1)(a) that disclosure of certain information would be contrary to public interest – Where certificate invalid – Where delegate issued further certificate – Where Tribunal did not inform appellant of certificates or disclose information to appellant – Where Tribunal affirmed delegate’s decision – Where Federal Circuit Court concluded Tribunal fell into jurisdictional error in acting upon invalid certificate and failing to disclose existence of certificates to appellant – Where Full Federal Court allowed appeal – Whether Full Court erred in departing from Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 by failing to find Tribunal fell into jurisdictional error in not disclosing certificates – Whether Full Court erred in failing to find not open to primary judge to withhold relief where decision affected by jurisdictional error. 

Short particulars

Documents

10/05/2018 Determination (SLA, Canberra)

24/05/2018 Notice of appeal

29/05/2018 Submitting appearance (Second Respondent)

28/06/2018 Written submissions (Appellant)

28/06/2018 Chronology (Appellant)

28/06/2018 Notice of Constitutional Matter (Appellant)

26/07/2018 Written submissions (First Respondent)

13/08/2018 Reply

27/08/2018 Reply in support of cross appeal (Appellant)

03/09/2018 Amended chronology (Appellant)

10/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

10/09/2018 Outline of oral argument (Appellant)

10/09/2018 Outline of oral argument (Respondent)

13/02/2019 Judgment (Judgment summary)

McPhillamy v. The Queen

Case No.

S121/2018

Case Information

Lower Court Judgment

14/06/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Meagher JA, Harrison J, RA Hulme J)

[2017] NSWCCA 130

Catchwords

Evidence – Tendency evidence – Where appellant charged with offences involving child sexual abuse – Where trial judge admitted tendency evidence – Where appellant convicted at trial – Where Court of Criminal Appeal dismissed appeal – Whether majority of Court of Criminal Appeal erred in holding tendency evidence had significant probative value – Whether majority of Court of Criminal Appeal erred in holding probative value of tendency evidence substantially outweighed prejudicial effect.

Short particulars

Documents

20/04/2018 Hearing (SLA, Sydney)

03/05/2018 Notice of appeal

08/06/2018 Written submissions (Appellant)

08/06/2018 Chronology (Appellant)

06/07/2018 Written submissions (Respondent)

27/07/2018 Reply

09/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
Orders made at the conclusion of the hearing

09/08/2018 Outline of oral argument (Appellant)

09/08/2018 Outline of oral argument (Respondent)

08/11/2018 Reasons for Judgment (Judgment summary)

Work Health Authority v. Outback Ballooning Pty Ltd & Anor

Case No.

D4/2018

Case Information

Lower Court Judgment

19/10/2017 Supreme Court of the Northern Territory (Court of Appeal) (Southwood J, Blokland J, Riley J)

[2017] NTCA 7

Catchwords

Constitutional law – Inconsistency – Work Health and Safety (National Uniform Legislation) Act 2011 (NT) – Where hot air balloon passenger died from injuries suffered as result of scarf being sucked into inflation fan – Where appellant alleged first respondent breached s 32 of Act – Where magistrate dismissed complaint on basis Air Navigation Act 1920 (Cth), Civil Aviation Act 1988 (Cth) and other Commonwealth regulation covered field of safety of air navigation – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in concluding federal civil aviation legislation excluded operation of Work Health and Safety (National Uniform Legislation) Act 2011 (NT).

Short particulars

Documents

20/04/2018 Hearing (SLA, Canberra)

03/05/2018 Notice of appeal

08/06/2018 Written submissions (Appellant)

08/06/2018 Chronology (Appellant)

22/06/2018 Written submissions (Attorney-General of the Commonwealth intervening)

22/06/2018 Written submissions (Attorney-General of the State of Queensland intervening)

22/06/2018 Written submissions (Attorney-General for the State of Tasmania intervening)

22/06/2018 Written submissions (Attorney-General for the State of Western Australia intervening)

22/06/2018 Written submissions (Attorney-General for the State of Victoria intervening)

06/07/2018 Written submissions (First Respondent)

27/07/2018 Reply

14/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

14/08/2018 Outline of oral argument (Appellant)

14/08/2018 Outline of oral argument (First Respondent)

14/08/2018 Outline of oral argument (Attorney-General of the Commonwealth intervening)

14/08/2018 Outline of oral argument (Attorney-General of the State of Queensland intervening)

14/08/2018 Outline of oral argument (Attorney-General for the State of Tasmania intervening)

14/08/2018 Outline of oral argument (Attorney-General for the State of Western Australia intervening)

15/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

06/02/2019 Judgment (Summary)

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