Fernando by his Tutor Ley v. Commonwealth of Australia & Anor
Case No.
P37/2015
Case Information
Lower Court Judgment
22/12/2014 Full Court of the Federal Court of Australia (Besanko J, Barker J, Robertson J)
Catchwords
Torts – False imprisonment – Where appellant’s visa was cancelled by Acting Minister – Where appellant was held in immigration detention for 1203 days – Where consent orders were made to quash decision of Acting Minister to cancel the visa – Whether a tortfeasor is permitted to escape liability to pay more than nominal damages if a lawful means could have been chosen by the tortfeasor to inflict the same loss and damage on the victim – Whether, after a determination of liability, an intermediate court of appeal remits a matter for assessment of damages whether the remittee court is bound in reaching its determination by the reasons as well as the orders of the remitting court.
Documents
14/08/2015 Hearing (SLA, Perth)
27/08/2015 Notice of appeal
18/09/2015 Written submissions (Appellant)
18/09/2015 Chronology (Appellant)
14/10/2015 Written submissions (Respondents)
28/10/2015 Reply
05/11/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
Kaur v. Minister for Immigration and Border Protection
Case No.
P6/2015
Case Information
Catchwords
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
Documents
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
24/09/2015 Consent Order
06/10/2015 Hearing (Full Court, Canberra) (Vacated)
07/10/2015 Hearing (Full Court, Canberra) (Approval of consent order)
Attwells & Anor v. Jackson Lalic Lawyers Pty Limited
Case No.
S161/2015
Case Information
Lower Court Judgment
1/10/2014 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Meagher JA, Ward JA)
Catchwords
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.
Documents
07/08/2015 Hearing (SLA, Sydney)
21/08/2015 Notice of appeal
18/09/2015 Written submissions (Appellants)
18/09/2015 Chronology (Appellants)
12/10/2015 Written submissions (Respondent)
19/10/2015 Summons seeking leave to appear as Amicus Curiae (Law Society of New South Wales)
19/10/2015 Written submissions (Law Society of New South Wales)
26/10/2015 Reply
03/11/2015 Hearing (Full Court, Canberra) - VACATED
08/03/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
04/05/2016 Judgment (Judgment summary)
Plaintiff M68/2015 v. Minister for Immigration and Border Protection & Ors
Case No.
M68/2015
Case Information
Catchwords
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.
Documents
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) (Audio-visual recording)
08/10/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
03/02/2016 Judgment (Judgment summary)
Construction, Forestry, Mining and Energy Union & Anor v. Director, Fair Work Building Industry Inspectorate & Anor
Case No.
B45/2015
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)
Catchwords
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.
Documents
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) (Audio-visual recording)
09/12/2015 Judgment (Judgment summary)