Kaur v. Minister for Immigration and Border Protection

Case No.


Case Information


Plaintiff is citizen of India - applied for Partner (Temporary) (Class UK) visa and BS Partner (Residence) visa on grounds of being in a de facto relationship with an Australian citizen sponsor - application refused - claims that the delegate took into account irrelevant considerations of the relationship & failed to accord the plaintiff procedural fairness


05/02/2015 Application for an order to show cause

12/08/2015 Hearing (Single Justice, Perth)

21/08/2015 Hearing (Single Justice, Melbourne v/link Perth)

04/09/2015 Written submissions (Plaintiff)

04/09/2015 Chronology

06/10/2015 Hearing (Full Court, Canberra) (Vacated)

*The due dates shown for documents on this page are indicative only. 

Attwells & Anor v. Jackson Lalic Lawyers Pty Limited

Case No.


Case Information

Lower Court Judgment

1/10/2014 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Meagher J, Ward J)

[2014] NSWCA 335 


Torts – Negligence – Defences – Advocates’ immunity – Scope – Where respondent gave advice to appellants to agree to a terms of settlement – Where the terms of settlement caused the appellants to accept liability significant higher than they would have otherwise been liable for if they had not defended the proceedings– Whether advocates’ immunity applies – Whether the advice falls with the boundaries of advocates’ immunity – Whether immunity is attracted in respect of final outcomes not the subject of a judicial determination on the merits.


07/08/2015 Hearing (SLA, Sydney)

21/08/2015 Notice of appeal

18/09/2015 Written submissions (Appellants)

18/09/2015 Chronology (Appellants)

09/10/2015 Written submissions (Respondent)

23/10/2015 Reply

03/11/2015 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors

Case No.


Case Information


Constitutional law – Where plaintiff was an “unauthorised maritime arrival” pursuant to s 5AA of the Migration Act 1958 (Cth) (“Act”) – Where plaintiff was taken to Nauru Regional Processing Centre (“RPC”) pursuant to s 198AD(2) of the Act – Where plaintiff was granted an RPC visa by the Nauru government which had certain restrictions and specifications - Whether plaintiff has standing to challenge whether the Commonwealth or the Minister was authorised in the past to engage in the activities relating to the creation and operation of the RPC – Whether Commonwealth or Minister were authorised to engage in acts relating to the creation and operation of the RPC pursuant to s 61 of the Constitution, s198AHA of the Act, and s 32B of the Financial Framework (Supplementary Powers) Act 1997 (Cth) read together with reg 16 and items 417.021, 417.027, 417.029 and 417.042 of Sch 1AA Financial Framework (Supplementary Powers) Regulations 1997 (Cth) – Whether the restrictions imposed on the plaintiff and the specifications of her RPC visa are contrary to Article 5(1) of the Constitution of Nauru – Whether the statutory provisions relied upon by the Commonwealth are invalid because they are not supported by any head of Commonwealth legislative power or are contrary to Ch III of the Constitution.

Short Particulars


14/05/2015 Application for an order to show cause

14/05/2015 Notice of constitutional matter (Plaintiff)

03/06/2015 Hearing (Single Justice, Melbourne)

24/06/2015 Hearing (Single Justice, Melbourne)

26/06/2015 Hearing (Single Justice, Melbourne)

22/07/2015 Notice of constitutional matter (Plaintiff)

22/07/2015 Hearing (Single Justice, Melbourne)

17/08/2015 Hearing (Single Justice, Melbourne)

20/08/2015 Hearing (Single Justice, Melbourne)

04/09/2015 Written submissions (Plaintiff)

04/09/2015 Chronology (Plaintiff)

18/09/2015 Written submissions (First and Second Defendants)

18/09/2015 Written submissions (Third Defendant)

18/09/2015 Written submissions (Attorney-General for the State of Western Australia intervening)

18/09/2015 Written submissions (Attorney-General of the State of Queensland intervening)

23/09/2015 Amended written submissions (Plaintiff)

25/09/2015 Amended written submissions (Third Defendant)

25/09/2015 Reply (Plaintiff)

02/10/2015 Supplementary written submissions (First and Second Defendants)

05/10/2015 Supplementary written submissions (Third Defendant)

06/10/2015 Supplementary written submissions (Plaintiff)

07/10/2015 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

Construction, Forestry, Mining and Energy Union & Anor v. Director, Fair Work Building Industry Inspectorate & Anor

Case No.


Related matter

B36/2015 - Commonwealth of Australia v. Director, Fair Work Building Industry Inspectorate & Ors

Case Information

Lower Court Judgment

1/05/2015 Federal Court of Australia (Dowsett J, Greenwood J, Wigney J)

[2015] FCAFC 59


Procedure – Civil penalty provisions – Where respondent alleged that the appellants contravened the Building and Construction Industry Improvement Act 2005 (Cth) – Where respondent sought pecuniary penalties and associated declaratory relief against the appellants– Whether the High Court of Australia’s decision in Barbaro v The Queen affects submissions made regarding civil penalties.

Short Particulars


06/08/2015 Hearing (SLA, Canberra)

10/08/2015 Notice of appeal

03/09/2015 Written submissions (Appellants)

03/09/2015 Chronology (Appellants)

22/09/2015 Written submissions (Second Respondent)

24/09/2015 Written submissions (First Respondent)

13/10/2015 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

Audio-visual recordings of Full Court hearings heard in Canberra

Case: Duncan v. Independent Commission against Corruption

Date: 05 August 2015

Transcript: Hearing

AV time: 2h 14m


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