Facts WZARH, a Sri Lankan Tamil, entered Australia by boat in about November 2010 and was classified as an “offshore entry person”. WZARH was denied an application for refugee status. WZARH applied for an independent merits review. A recording and […]
Category: Administrative Law
Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144 (“The Malaysian Solutions Case”)
Facts The plaintiffs were Afghani citizens who had arrived at Christmas Island (an Australian territory) on 4 August 2011 by a boat from Indonesia. One of the plaintiffs was under 18 years of age. The plaintiffs claimed refugee status due […]
Bragg v Secretary, Department of Employment Education and Training (Federal) [1996] FCA 1536
Facts Mr Bragg was accused of failing to perform his duties as a public officer It was found that he had pushed and sexually harassed a colleague In finding that he had committed the acts, the tribunal nonetheless refused to […]
R v Hickman (1945) 70 CLR 598
Facts Hickman was involved in hauling coal for the mining industry. The relevant Act empowered a “Local Reference Board” (LRB) to make all decisions about the coal mining industry. The act also contained a so-called privative clause, which acts to […]
Cooney v Municipality of Ku-ring-gai [1963] HCA 47
Facts Cooney lived within the Ku-Ring-Gai Council area and rented out her home for parties and receptions. The Council alleged this was against the relevant Act, as it was a residential area and trade was not permitted. The relevant Act […]
Commissioner of State Revenue (Vic) v Royal Insurance Australia Ltd [1994] HCA 61
Facts RAI Insurance accidentally overpaid approximately $2 million in duties to the Commissioner of State Revenue. This was because RAI was unaware that the statute had changed. The Commissioner was aware of this. It is worth noting that RAI had […]
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379
Note: this case summary only considers the administrative law component – i.e. whether a decision was made “under an enactment”. This case is also a precedent for the definition of ‘well-founded fear of persecution’, however we will not address that. […]
Batterham v QSR Limited (2006) 225 CLR 237
Facts Batterham was a director and promoter of QSR Ltd. In 1999, QSR Ltd attempted to raise capital through the sale of shares, to purchase a KFC restaurant Batterham was given options to acquire shares in the company if the […]
Re Tooheys Limited v the Minister of Business and Consumer Affairs (1981) 54 FLR 421
Facts Tooheys Brewery wanted to buy a special palletising machine from the USA. They arranged it to be imported via a third-party importer. Under the import legislation, the Minister was able to make a determination so that they would pay […]
Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 26 May 2010
Facts SZMDS was a Pakistani citizen who made an application for asylum on the basis that he was homosexual and that this was persecuted in Pakistan. His application was rejected. In particular, the RRT stated that the fact that he […]