Plaintiff S156/2013 v. The Minister for Immigration and Border Protection & Anor
Case No.
S156/2013
Case Information
Catchwords
Migration - Refugees - Papua New Guinea ("PNG") designated a regional processing country to assess refugee claims ????? Plaintiff entered Australia by sea at Christmas Island and became "unlawful non-citizen" and "unauthorised maritime arrival" - On direction of Minister, plaintiff taken to PNG for processing of refugee application ("Direction") - Whether decision of Minister to designate PNG regional processing country pursuant to s 198AB of Migration Act 1958 (Cth) was made without power and was invalid - Whether Minister's Direction under s 198AD was invalid.
Constitutional law - Powers of Commonwealth Parliament - Whether ss 198AB and 198AD are supported by head of power in s 51 of the Constitution.
Documents
20/08/2013 Writ of summons
05/09/2013 Hearing (Single Justice, Canberra v/link Sydney)
24/09/2013 Notice of constitutional matter (Plaintiff)
16/10/2013 Hearing (Single Justice, Perth v/link Sydney)
07/11/2013 Hearing (Single Justice, Canberra v/link Sydney)
19/12/2013 Hearing (Single Justice, Perth)
10/02/2014 Hearing (Single Justice, Canberra v/link Sydney)
26/03/2014 Written submissions (Plaintiff)
16/04/2014 Written submissions (Defendants)
29/04/2014 Reply (Plaintiff)
09/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
13/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
18/06/2014 Judgment (Judgment summary)
Williams v. Commonwealth of Australia & Ors
Case No.
S154/2013
Case Information
Catchwords
Constitutional law - Powers of Commonwealth Parliament - Commonwealth entered funding agreement with Scripture Union of Queensland for provision of chaplaincy services at State school ("Funding Agreement") ? Whether Appropriation Acts authorised Funding Agreement - If not, whether s 32B of Financial Management and Accountability Act 1997 (Cth) ("FMA Act") or Part 5AA and Schedule 1AA of Financial Management and Accountability Regulations 1997 ("FMA Regulations") or item 9 of Schedule 1 to Financial Framework Amendment Act ("FFA Act") were invalid - If not, whether Funding Agreement was authorised by s 32B of FMA Act or Part 5AA and Schedule 1AA of FMA Regulations or, where applicable, item 9 of Schedule 1 to FFA Act.
Constitutional law - Executive power of Commonwealth - Expenditure - Whether Funding Agreement supported by executive power - Whether payments unlawful because not authorised by statute and beyond executive power.
Constitutional law - Standing - Plaintiff's children attended State school party to Funding Agreement - Whether plaintiff has standing to challenge validity of payments made in 2012 to service provider
Documents
08/08/2013 Writ of summons
09/08/2013 Notice of constitutional matter (Plaintiff)
20/09/2013 Hearing (Single Justice, Perth v/link to Sydney)
13/12/2013 Hearing (Single Justice, Sydney)
31/01/2014 Special case stated
28/02/2014 Written submissions (Plaintiff)
28/02/2014 Chronology
14/03/2014 Written submissions (Attorney-General for the State of New South Wales intervening)
14/03/2014 Written submissions (Attorney-General for the State of Tasmania intervening)
14/03/2014 Written submissions (Attorney-General for the State of South Australia intervening)
14/03/2014 Written submissions (Attorney-General for the State of Victoria intervening)
14/03/2014 Written submissions (Attorney-General for the State of Western Australia intervening)
19/03/2014 Written submissions (Attorney-General of the State of Queensland intervening)
04/04/2014 Written submissions (Third Defendant)
04/04/2014 Written submissions (First and Second Defendants)
17/04/2014 Reply (Attorney-General of the State of Queensland intervening)
17/04/2014 Reply (Attorney-General for the State of Western Australia intervening)
17/04/2014 Reply (Attorney-General for the State of South Australia intervening)
17/04/2014 Reply (Plaintiff)
22/04/2014 Notice of Constitutional Matter (First and Second Defendants)
06/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
07/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
08/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
09/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
19/06/2014 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Achurch v. The Queen
Date: 13 February 2014
Transcript: Hearing
AV time: 2h 13m
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: State of Western Australia v. Brown & Ors
Date: 12 February 2014
Transcript: Hearing
AV time: 4h 27m
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: Australian Financial Services and Leasing Pty Limited v. Hills Industries Limited & Anor
Date: 11 February 2014
Transcript: Hearing
AV time: 4h 32m
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.