In Rizeq v Western Australia  HCA 23, the High Court had the opportunity to resolve some doubts about the sources of law in federal jurisdiction and about the operation of s 79 of the Judiciary Act 1903 (Cth).
Category: Public Law
What a difference a Day makes: the High Court on disqualifying pecuniary interests of parliamentarians
In Re Day [No 2]  HCA 14, the High Court determined that Mr Bob Day had an indirect pecuniary interest in an agreement with the Commonwealth, and was thereby disqualified from being chosen or sitting as a senator pursuant to s 44(v) of the Constitution. The Court’s decision substantially revised the ambit of that section.
Re Day [No 2]  HCA 14
The Court of Appeal has found that a failure to disclose the “substance” or “gist” of confidential information relied upon when making an exclusion order under the Racing Act 1958 (Vic) will not necessarily constitute a breach of procedural fairness.
The High Court has found that a number of provisions of the Commonwealth Electoral Act 1918 (Cth) are not invalid as being contrary to ss 7 and 24 of the Constitution.
In recent decisions of the Federal Court (Wigney J) and the NSW Court of Appeal (Bathurst CJ), unreasonableness jurisprudence has been relied on to reject the argument that the “illogicality” ground of judicial review is solely concerned with the end result, as opposed to findings or reasoning “on the way”.
The High Court has confirmed that the making of a “procedural” decision to consider exercising a non-compellable discretion to either grant a visa or to permit a further application for a protection visa (which decision has the effect of prolonging the mandatory detention of those affected) gives rise to an obligation to accord procedural fairness.
In a unanimous judgment the High Court upheld the constitutional validity of Senate voting reforms designed to put an end to preference deals
The High Court has confirmed that Tabcorp was not entitled to a statutory termination payment in the amount of $686.8 million following the State’s decision not to renew Tabcorp’s gaming licence.
Civil penalty proceedings—Building and Construction Industry Improvement Act 2005 (Cth) — submissions as to “appropriate” penalty — whether relevant — whether Barbaro v R (2014) 253 CLR 58 applies
The High Court has held that the Commonwealth’s participation in the detention of asylum seekers in Nauru was authorised by the Migration Act 1958 (Cth)
High Court on apprehension of bias: A person who brings charges has a conflict of interest in deciding matters consequential to those charges
A person who brings charges, whether as a prosecutor or other accuser, has a conflict of interest in participating in a decision on matters consequential to those charges that may give rise to a reasonable apprehension of bias.
The High Court held that a statutory authority with separate legal personality was a trading corporation within the meaning of s 51(xx) of the Constitution, even though the Act that established the authority expressly provided that the authority “is not a body corporate”.
Case Note by Simona Gory. Civil forfeiture of asset proceedings may need to be stayed pending finalisation of the relevant criminal proceedings, at least in circumstances where the offences and circumstances relied on in the forfeiture proceeding are substantively identical to the criminal proceedings and there is no prejudice to the Commissioner arising from a delay to the forfeiture proceedings.
A plaintiff suffers hurt, embarrassment and reputational damage as a result of the defendant’s publications. Parts of those publications are clearly defamatory; other parts, although hurtful and damaging, are not. How are damages to be assessed?