Popular Terms
Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 - provides that the test for materiality is when the error would have been material to the Exemption Decision. Hossain v Minister for Immigration...
PJB v Melbourne Health (Patrick’s Case) [2011] VSC 327; (2011) 39 VR 373 - provides that where the decision is claimed to be incompatible with a human right, contrary to s 38(1) of the Charter, the Court’s jurisdiction is supervisory,...
an objection granting the factual basis of an opponent's point but dismissing it as irrelevant or invalid.
a Court's authoritative approval.
A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it (Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948)
The 'Briginshaw principle' (as it is known) means the tribunal must be satisfied of the relevant matters on the balance of probabilities, to a comfortable degree, based on clear, cogent and strict evidence. ... 5(b)), 'the more serious...
Public Health and Wellbeing Act (the ‘PHW Act’) - empowers authorised officers, appointed by the Chief Health Officer (‘CHO’), to exercise ‘emergency powers’ when a ‘state of emergency’ has been declared by the Minister for Health (‘the...
Public Health and Wellbeing Act (the ‘PHW Act’) ss 200(1)(b) and (d) - provides that the emergency powers exercisable by the CHO include the power to ‘restrict the movement of any person or group of persons within the emergency area’ and...
Palmer v Western Australia [2021] HCA 5 - held that an exercise of power that complies with the statutory constraints will always be in compliance with the freedom.
Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493 - where the Court noted that the plaintiff must establish a special interest in the subject matter of the proceeding over and above other members of the public in order...
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 - provided that the implied freedom is a limitation on legislative power, that prevents the State and Commonwealth Parliaments from enacting legislation that imposes an...
State of New South Wales v Cheema (Preliminary) [2020] NSWSC 876 - where it was held that the definition of a terrorist act under s 100.1 of the Criminal Code is broad and encompasses a range of preparatory offences and acts falling...