Monthly Archives: October 2013

Meet the JADE Search Team

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High Court of Australia

Re Golding [2020] HCA 38 (21 October 2020) (Nettle J) 20 October 2020
Catchwords: High Court – Appellate jurisdiction – Application for special leave to appeal – Abuse of process – Where applicant applied for special leave to appeal – Where applicant previously made application for special leave to appeal – Where previous application for special leave refused – Where substance of subsequent application for special leave substa […]
Hsiao v Fazarri [2020] HCA 35 (14 October 2020) (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ) 13 October 2020
Catchwords: Family law – Property settlements – Where respondent husband made gift to appellant wife of ten per cent interest in residential dwelling ("the property") – Where respondent subsequently signed transfer of land giving appellant further 40 per cent interest in the property – Where parties registered as joint tenants then executed deed of […]
AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 (14 October 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 14 October 2020
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where delegate of Minister for Immigration and Border Protection refused to grant appellant protection visa – Where decision referred to Authority for review – Where a […]
The Queen v Abdirahman-Khalif [2020] HCA 36 (14 October 2020) (Bell, Gageler, Keane, Nettle and Gordon JJ) 15 October 2020
Catchwords: Criminal law (Cth) – Terrorism – Membership of terrorist organisation – Where respondent convicted of offence of intentionally being member of terrorist organisation contrary to s 102.3(1) of Criminal Code (Cth) – Where s 102.1 provided "member" of terrorist organisation includes person who has taken steps to become member of organisati […]
ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 (14 October 2020) (Kiefel CJ,Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 13 October 2020
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("IAA") – Review by IAA under Pt 7AA of Migration Act 1958 (Cth) – Where delegate of Minister for Immigration and Border Protection ("Minister") refused to grant appellant temporary protection visa – Where delegate accepted appellant […]
Northern Land Council v Quall [2020] HCA 33 (07 October 2020) (Kiefel CJ, Gageler, Keane, Nettle and Edelman JJ) 7 October 2020
Catchwords: Aboriginal and Torres Strait Islander peoples – Native title – Representative Aboriginal/Torres Strait Islander bodies – Indigenous land use agreements ("ILUAs") – Where s 203BE(1)(b) of Native Title Act 1993 (Cth) confers on representative body function of certifying applications for registration of ILUAs – Where s 203BE(5) prohibits r […]
Private R v Cowen [2020] HCA 31 (09 September 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 9 September 2020
Catchwords: Constitutional law (Cth) – Defence – Military discipline – Where plaintiff charged with assault occasioning actual bodily harm – Where plaintiff and complainant members of Australian Defence Force at time of alleged conduct – Where neither plaintiff nor complainant on duty or in uniform – Where plaintiff charged under s 61(3) of Defence Force Dis […]
Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 (09 September 2020) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) 9 September 2020
Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where s 501(3A) of Migration Act 1958 (Cth) provides that Minister must cancel visa if satisfied person does not pass character test because they have substantial criminal record and person is serving sentence of imprisonment on full-time basis – Where s 501CA(4) provides t […]
Mokhlis v Minister for Home Affairs [2020] HCA 30 (01 September 2020) (Edelman J) 3 September 2020
Catchwords: Administrative law – Migration – Application for constitutional or other writ – Where plaintiff transferred to Australia from Manus Island for medical treatment – Where plaintiff unlawful non-citizen – Where plaintiff held in immigration detention – Where plaintiff alleges he requested removal from Australia – Where plaintiff seeks declarations, […]