Posts by YJ, Lim

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26 (6 September 2023) Intro:- This is an appeal from the Full Court of the Federal Court of Australia. Facts:- The underlying facts...

Where Minister's Section 198AE(1) Migration Act, 157 determination had effectively quelled the controversy between the parties, did the Full Court have jurisdiction to determine the appeals?

Vunilagi v The Queen [2023] HCA 24 (8 August 2023) Facts: The appellant, with three co-accused, was charged with offences against ss 54 and 60 of the Crimes Act 1900 (ACT) ("the Crimes Act (ACT)"). His trial in the Supreme...

Where Section 68BA(4) of the Supreme Court Act 1933 (ACT) required judge to provide written notice of proposed order under Section 68BA(3), did Section 68BA(4) offend the Kable principle?

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (2 August 2023) Intro:- This is an appeal from the Supreme Court of Queensland Facts:- In late 2016 the respondent, Mr Schokman, commenced employment with the appellant at Daydream Island...

Where other employee negligently urinated on respondent while he was sleeping causing cataplectic attack, was appellant vicariously liable for negligent act of other employee?

Disorganized Developments Pty Ltd v South Australia [2023] HCA 22 (2 August 2023) Intro:- This is an appeal from the Supreme Court of South Australia. Facts:- Section 83GD(1) of the Criminal Law Consolidation Act 1935 (SA) ("the...

Did the power to make regulations prescribing places under Section 83GD(1) of Criminal Law Consolidation Act 1935 (SA) conditioned by duty to afford procedural fairness to owners and occupiers of land?

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 (14 June 2023) Intro:- The Full Court of the Federal Court of Australia concluded that the appellant's decision under s 501CA(4)...

Did the Minister take into account an irrelevant consideration? Was the decision vitiated by jurisdictional error?

🔥 "Justice Prevails: Iranian's Visa Case Overturned!" 🔥

QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 (17 May 2023) Intro: This is an appeal from a decision of the Full Court of the Federal Court of Australia. Facts:- The matter before...

Did judge's appearance as counsel against the appellant in the conviction appeal give rise to a reasonable apprehension of biasness on the part of a fair-minded lay observer?

McEwan v Clark & Ors [2023] QCA 120 (2 June 2023) Intro:- This is an appeal from the Supreme Court of Queensland at Brisbane. Facts:- In 2019, the appellant was charged with 30 offences, alleged to have been committed under the...

In dismissing Appellant's orginating application, was the Appellant afforded procedural fairness by primary judge?

El Khouri v Gemaveld Pty Ltd [2023] NSWCA 78 (26 April 2023) Intro: The applicants invoke this Court’s supervisory jurisdiction seeking to quash development consent granted by the Land and Environment Court over the first respondent’s...

Was compliance with height control a jurisdictional fact?

Parry v Secretary, Department of Health [2023] HCA 9 (16 March 2023) Intro:- By way of an application for a constitutional writ filed on 20 December 2022, the plaintiffs seek a writ of certiorari quashing the respondent Secretary's...

Should matter arising under Therapeutic Goods Act 1989 (Cth) be remitted to Federal Court of Australia instead of being heard in the original jurisdiction of the High Court of Australia?

Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; DCM20 v Secretary of Department of Home Affairs [2023] HCA 10 (12 April 2023) Intro:- Two appeals are brought from a decision of the Full Court of...

Where Section 351 of Migration Act 1958 (Cth) permitted Minister to personally exercise power to substitute more favourable decision for decision of tribunal, did Ministerial Instructions exceed limits of executive power?

GWRV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 39 (15 March 2023) Intro:- This is an appeal against a decision of the primary judge to refuse to grant constitutional writ relief against a decision of...

Where first decision maker found complementary protection criterion in Section 36(2)(aa) Migration Act 1958 (Cth) not satisfied, whether bifurcated system of review required Tribunal to also consider Section 36(2)(a)?