Abdel-Hady v. Commonwealth of Australia
Case information
Catchwords
Constitutional law – special case – torts – whether the Commonwealth and its officers have a defence to liability for the tort of false imprisonment with respect to the immigration detention of the plaintiff in a relevant period – where decision of the Court in Al-Kateb overturned by decision of the Court in NZYQ during the period the plaintiff in detention.
Case Summary
Download a brief summary of the case
File
SP November 2025.pdf
(68.8 KB)
Documents
| 14/07/2021 | Amended application for Constitutional or other writ |
| 28/10/2021 | Order remitting part of matter to the Federal Circuit Court (Gageler CJ) |
| 18/06/2025 | Hearing (Single Justice, Canberra) |
| 18/06/2025 | Order (Gageler CJ) |
| 07/07/2025 | Consent order varying timetable (Steward J) |
| 13/08/2025 | Consent order referring application to the Full Court (Gageler CJ) |
| 13/08/2025 | Special Case stated |
| 16/09/2025 |
Written submissions (Defendant)
(548.94 KB)
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| 14/10/2025 |
Written submissions (Plaintiff)
(785.82 KB)
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| 17/10/2025 | |
| 28/10/2025 |
Reply (Defendant)
(475.08 KB)
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| 11/11/2025 | Hearing (Full Court, Canberra) |
| 11/11/2025 |
Outline of oral argument (Plaintiff)
(247.29 KB)
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| 11/11/2025 |
Outline of oral argument (Defendant)
(511.36 KB)
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Case recording