R v Independent Broad-Based Anti-Corruption Commission [2016] HCA 8 - where both the principle of legality and s 32 of the Charter do not permit a court to ignore the plain meaning of the statutory text or its evident purpose.  

Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 - where failure to take into account mandatory relevant considerations in giving the Vaccination Directions is an available ground of review of administrative...

KS v Veitch (No 2) [2012] NSWCCA 266; (2012) 84 NSWLR 172 - provides that at a later stage of the hearing of the application, the applicant may seek leave to use the protected counselling communication for some purpose, such as to...

Attorney-General (UK) v Times Newspapers Ltd [1974] AC 273; [1973] 3 All ER 54 - Lord Morris of Borth-y-Gest said that the phrase contempt of court is one which is compendious to include not only disobedience to orders of a court but...

Rowlands v State of New South Wales (2009) 74 NSWLR 715; [2009] NSWCA 136 - provides that the ordering of particular medical examinations must be for the purpose of obtaining evidence about a plaintiff’s medical condition, and cannot be...

Hinch v Attorney-General (Vic) [1987] HCA 56; 164 CLR 15 - provides that there must, however, be a “substantial risk of serious interference” or a “real and definite tendency to prejudice or embarrass pending proceedings” or “clear...

Kandola v Google LLC (No 2) [2021] FCA 1412 (12 November 2021) - provides that an applicant for preliminary discovery must satisfy the Court that there may be a right for the prospective applicant to obtain relief against a prospective...

Commonwealth v Verwayen (1990) 170 CLR 394 - held that the question whether departure from the assumption would be unconscionable must be resolved by reference to all the circumstances of the case, including the reasonableness of the...

Cummings v Claremont Petroleum NL (1996) 185 CLR 124 - provides that while a claim alleging breach of fiduciary duty is not a claim in contract, it is a claim “by reason of” a contract or breach of trust and it is a debt provable in...

Lovell v Penkin (a bankrupt) [2008] FCA 637; 101 ALD 335 - where the tort claim arises because of the existence of—“by reason of”—the retainer. Jack v Kipping [1882] UKLawRpKQB 14; (1882) 9 QBD 113 - held that framing a claim as a...

Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 - the Minister's power must include dealing with contingencies, including those which are highly unlikely or which may never eventuate for the object of “prevent[ing]” the spread of any...

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 384 [78] - provides that "the duty of a court is to give the words of a statutory provision the meaning that the legislature is taken to have intended...