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Abdel-Hady v. Commonwealth of Australia

Case No. S65/2021
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

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
14/10/2025
17/10/2025
28/10/2025
Reply (Defendant) (475.08 KB)
11/11/2025 Hearing (Full Court, Canberra)
11/11/2025
11/11/2025
10/06/2026 Judgment (Judgment Summary)
Case recording