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High Court of Australia

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 (04 March 2021) (Kiefel CJ, Keane, Gordon, Edelman and Steward JJ) 3 March 2021
Catchwords: Immigration – Visas – Application for protection visa – Procedural fairness – Where delegate of Minister rejected first respondent's application for protection visa – Where Administrative Appeals Tribunal affirmed delegate's decision – Where first respondent sought judicial review of that decision in Federal Circuit Court – Where first […]
Palmer v Western Australia [2021] HCA 5 (24 February 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 24 February 2021
Catchwords: Constitutional law (Cth) – Freedom of interstate trade, commerce, and intercourse – Where s 56 of Emergency Management Act 2005 (WA) ("EM Act") empowered Minister to declare state of emergency – Where s 67 empowered authorised officer to direct or prohibit movement of persons into emergency area – Where Minister for Emergency Services d […]
Minister for Home Affairs v Benbrika [2021] HCA 4 (10 February 2021) (Kiefel CJ, Bell, Gageler, Keane, Gordon, Edelman and Steward JJ) 10 February 2021
Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in State courts – Where Div 105A of Criminal Code (Cth) empowered Supreme Court of State or Territory, on application of Minister for Home Affairs, to order that person convicted of terrorist offence be detained in prison for further period after expiration of sentenc […]
Westpac Securities Administration Ltd v Australian Securities and Investments Commission [2021] HCA 3 (03 February 2021) (Kiefel CJ, Bell, Gageler, Keane and Gordon JJ) 3 February 2021
Catchwords: Corporations – Financial services – Where appellants had contacted members of superannuation funds of which they are trustees, advising each to accept offer to roll over their external superannuation accounts into their account with appellants – Where s 766B(3)(b) of Corporations Act 2001 (Cth) defines "personal advice" to include […]
Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2021] HCA 2 (03 February 2021) (Kiefel CJ, Bell, Gageler, Keane and Edelman JJ) 3 February 2021
Catchwords: Administrative law – Apprehended bias – Relief – Jurisdiction of inferior courts – Where first respondent applied for additional mining leases and amendment to existing environmental authority ("applications") – Where appellant and others lodged objections to applications – Where first decision of Land Court of Queensland ("Land Co […]
Minister for Immigration and Border Protection v Makasa [2021] HCA 1 (03 February 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 3 February 2021
Catchwords: Immigration – Visas – Visa cancellation – Character test – Substantial criminal record – Where delegate of Minister for Immigration and Border Protection ("Minister") cancelled respondent's visa on character grounds under s 501(2) of Migration Act 1958 (Cth) – Where Administrative Appeals Tribunal ("AAT") made decision un […]
Gerner v Victoria [2020] HCA 48 (10 December 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 10 December 2020
Catchwords: Constitutional law (Cth) – Implications from Constitution – Where directions made under s 200(1)(b) and (d) of Public Health and Wellbeing Act 2008 (Vic) restricted movement of persons within Victoria – Where plaintiffs sought declarations that directions and s 200(1)(b) and (d) of Public Health and Wellbeing Act were invalid as an infringement o […]
Roy v O'Neill [2020] HCA 45 (09 December 2020) (Kiefel CJ, Bell, Gageler, Keane and Edelman JJ) 9 December 2020
Catchwords: Evidence – Admissibility – Trespass – Where appellant charged with breach of Domestic Violence Order ("DVO") – Where DVO included condition that appellant not remain in her partner's presence while intoxicated – Where police attended unit occupied by appellant and her partner for purpose of DVO check – Where police engaged in wider […]
Minister for Home Affairs v DUA16 [2020] HCA 46 (09 December 2020) (Kiefel CJ, Bell, Keane, Gordon and Edelman JJ) 9 December 2020
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where applicants engaged registered migration agent to provide submissions to Authority – Where agent fraudulently provided pro forma submissions – Where fraudulent su […]

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