Plaintiff S297/2013 v. Minister for Immigration and Border Protection & Anor
Case No.
S297/2013
Related matter.
M150/2013 Plaintiff M150 of 2013 by his Litigation Guardian Sister Brigid Marie Arthur v. Minister for Immigration and Border Protection & Anor
Case Information
Catchwords
Migration - Refugees - Plaintiff assessed as person in respect of whom Australia owed protection obligations - Plaintiff subsequently met definition of "unauthorised maritime arrival" due to commencement of amendments to Migration Act 1958 (Cth) - Migration Amendment (Temporary Protection Visas) Regulation 2013 ("TPV Regulation") subsequently commenced rendering unauthorised maritime arrivals ineligible for grant of subclass 866 permanent protection visa - Senate disallowed TPV Regulation pursuant to s 42 Legislative Instruments Act 2003 (Cth) ("LIA") - Whether Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) ("UMA Regulation") has same substance as TPV Regulation within meaning of s 48 LIA as regards unauthorised maritime arrivals.
Statutes - Validity of delegated legislation - Whether clause 866.222 of UMA Regulation invalid - Whether clause 866.222 inconsistent with, or repugnant to, ss 36 or 46A of Migration Act 1958 (Cth) - Whether s 196 requires Minister to consider and decide plaintiff's application by reference to criteria excluding clause 866.222.
Short Particulars - December 2014
Documents
16/12/2013 Writ of summons
20/12/2013 Hearing (Single Justice, Sydney)
16/01/2014 Demurrer (Defendants)
23/01/2014 Hearing (Single Justice, Sydney)
03/02/2014 Written submissions (Plaintiff)
03/02/2014 Chronology
19/02/2014 Written submissions (Defendants)
26/02/2014 Reply
06/03/2014 Hearing (Single Justice, Canberra by v/link to Sydney and Melbourne)
22/04/2014 Written Submissions (Plaintiff)
22/04/2014 Chronology
30/04/2014 Submissions (Defendants)
05/05/2014 Reply
14/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
15/05/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
20/06/2014 Judgment (Judgment summary)
03/07/2014 Hearing (Single Justice, Perth by v/link to Sydney)
08/09/2014 Hearing (Single Justice, Canberra by v/link to Sydney)
08/09/2014 Judgment (French CJ)
29/10/2014 Written submissions (Plaintiff)
29/10/2014 Chronology
18/11/2014 Written submissions (Defendants)
25/11/2014 Reply
09/12/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
23/12/2014 Supplementary written submissions (Defendants)
19/01/2015 Supplementary written submissions (Plaintiff)
11/02/2015 Judgment (Judgment summary)
11/02/2015 Hearing (Single Justice, Canberra)
The Australian Electoral Commission v. Johnston & Ors
Wang v. Johnston & Ors
Mead v. Johnston & Ors
Case Nos.
C17/2013; P55/2013; P56/2013
Case Information
Catchwords
Parliamentary elections (Cth) – Senate – Court of Disputed Returns – Petitions disputing election – Election of six senators for State of Western Australia – Election for fifth and sixth Senate places very close – Re-count of ballot papers directed – 1,370 ballot papers lost before re-count – Re-count of available ballot papers led to different candidates being elected to fifth and sixth Senate places from those determined upon "fresh scrutiny" under s 273 of Commonwealth Electoral Act 1918 (Cth) ("Act") – Whether result of election likely affected by loss of ballot papers – Whether electors who cast lost ballot papers "prevented from voting" in election – Whether Court precluded by s 365 of Act from admitting evidence of records made at earlier counts about lost ballot papers in determining whether result of election affected – Whether Court could declare candidate duly elected by combining records made in earlier counts about lost ballot papers with results of re-count.
Words and phrases – "duly elected", "prevented from voting", "result of the election was likely to be affected".
Documents
15/11/2013 Election petition (Australian Electoral Commission – C17/2013)
02/12/2013 Election petition (Wang – P55/2013)
05/12/2013 Election petition (Mead – P56/2013)
12/12/2013 Hearing (Court of Disputed Returns, Melbourne (Perth))
13/12/2013 Hearing (Court of Disputed Returns, Melbourne (Perth))
10/01/2014 Order (13/12/2013)
14/01/2014 Written submissions (Australian Electoral Commission)
17/01/2014 Written submissions (Johnston, Cash & Reynolds)
17/01/2014 Written submissions (Wang)
17/01/2014 Written submissions (Dropulich)
17/01/2014 Written submissions (Ludlam)
17/01/2014 Written submissions (Mead)
20/01/2014 Reply (Australian Electoral Commission)
29/01/2014 Hearing (Court of Disputed Returns, Melbourne)
30/01/2014 Hearing (Court of Disputed Returns, Melbourne)
18/02/2014 Judgment (Hearing, Court of Disputed Returns, Melbourne) (Judgment summary)
20/02/2014 Hearing (Court of Disputed Returns, Melbourne)
Commonwealth Bank of Australia v. Barker
Case No.
A1/2014
Case Information
Lower Court Judgment
6/08/2013 Federal Court of Australia (Jacobson J, Lander J, Jessup J)
Catchwords
Contract law – Employment contracts – Implied terms – Whether common law requires employment contracts contain implied term that employer will not, without reasonable cause, conduct itself in manner likely to destroy or seriously damage relationship of confidence and trust between parties – Whether, if so, to what extent implied term requires employer to take account redundancy of employee’s position prior to making decision to terminate, particularly in circumstances where express contractual right of termination on notice exists – Whether, if so, damages are available for breach.
Documents
13/12/2013 Hearing (SLA, Melbourne v/link Adelaide)
02/01/2014 Notice of appeal
09/01/2014 Notice of contention (Respondent)
17/01/2014 Written submissions (Appellant)
17/01/2014 Chronology (Appellant)
17/02/2014 Written submissions (Respondent)
03/03/2014 Reply
08/04/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
09/04/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
10/09/2014 Judgment (Judgment summary)
Sidhu v. Van Dyke
Case No.
S312/2013
Case Information
Lower Court Judgment
1/07/2013 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Barrett JA, Tobias AJA)
Catchwords
Equity – Estoppel – Equitable estoppel – Proprietary estoppel – Promises by man to woman to give her cottage property – Promise unperformed – Whether presumption of reliance should be applied.
Equity – Equitable compensation – Whether equitable compensation should be assessed by reference to detriment suffered or position plaintiff would have been in had promise been fulfilled.
Documents
13/12/2013 Hearing (SLA, Sydney)
23/12/2013 Notice of appeal
02/01/2014 Notice of contention (Respondent)
08/01/2014 Written submissions (Appellant)
08/01/2014 Chronology (Appellant)
29/01/2014 Written submissions (Respondent)
12/02/2014 Reply
26/03/2014 Chronology (Respondent)
02/04/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
16/05/2014 Judgment (Judgment summary)
D Y Lee v. The Queen, S W Lee v. The Queen
Case No.
S313/2013; S314/2013
Case Information
Lower Court Judgment
3/04/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Basten JA, Hall J, Beech-Jones J)
Catchwords
Criminal law – Appeal against conviction – Criminal Appeal Act 1912 (NSW) (“CAA”) – Proper characterisation of “miscarriage of justice” limb of s 6(1) of CAA – Whether Court of Criminal Appeal (“CCA”) erred in application of limb – Whether limb requires a causal connection be established between an irregularity and conviction at trial – Whether onus falls on applicant to prove both miscarriage of justice and application of proviso.
Criminal law – Appeal against conviction – New South Wales Crime Commission Act (NSW) (“NSWCC Act”) – Whether Court CCA erred in construction of ss 6, 7, 13 and 18B of NSWCC Act – Whether CCA failed to properly assess illegality and/or impropriety of New South Wales Crime Commission.
Documents
13/12/2013 Hearing (SLA, Sydney)
23/12/2013 Notice of appeal
07/02/2014 Written submissions (Appellant - S W Lee)
07/02/2014 Joint Chronology (Appellants)
19/02/2014 Amended written submissions (Appellant - D Y Lee)
03/03/2014 Written submissions (Respondent - D Y Lee)
03/03/2014 Written submissions (Respondent - S W Lee)
14/03/2014 Reply (Appellant - S W Lee)
20/03/2014 Amended reply (Appellant - D Y Lee)
03/04/2014 Hearing (Full Court, Canberra)
21/05/2014 Judgment (Judgment summary)