Victorian electric car tax held unconstitutional
Vanderstock v Victoria [2023] HCA 30 On 18 October 2023, by a 4:3 majority the High Court of Australia declared invalid a tax imposed by Victoria on the use of electric and hybrid vehicles. The tax...
View ArticleParliamentary privilege concepts clarified in CCC v Carne
Crime and Corruption Commission v Carne [2023] HCA 28 In its first decision on parliamentary privilege in some years, the High Court in Crime and Corruption Commission v Carne [2023] HCA 28 has...
View ArticleGross v Net: What is the “value of the benefit” obtained from foreign bribery?
The King v Jacobs Group (Australia) Pty Ltd (formerly known as Sinclair Knight Merz) [2023] HCA 23 Introduction On 2 August 2023, the High Court of Australia unanimously allowed an appeal from the...
View ArticleThird time lucky? Bill to strengthen Australia’s foreign bribery laws...
Introduction In June 2023, the Crimes Amendment (Combatting Foreign Bribery) Bill 2023 (Bill) was tabled in Parliament. The Bill proposes to strengthen Australia’s foreign bribery laws by: (1)...
View ArticleAn “Undemanding” Standard – Materiality and Reasonable Conjecture on Lost...
Nathanson v Minister for Home Affairs [2022] HCA 26 The facts Mr Nathanson’s visa was mandatorily cancelled on character grounds under s 501(3A) of the Migration Act 1958 (Cth). A delegate of the...
View ArticleParliamentary privileges and precincts: judicial review of parliamentary...
Yemini v Elasmar [2022] VSC 788 In Yemini v Elasmar [2022] VSC 788, Ginnane J of the Supreme Court of Victoria considered whether a media accreditation decision of the Parliament of Victoria was...
View ArticleManifest inadequacy of damages – a question of law under the VCAT Act?
Leung v Chung [2023] VSC 38 The Supreme Court of Victoria has overturned a controversial award of damages by the Victorian Civil and Administrative Tribunal (VCAT / the Tribunal) in a sexual harassment...
View ArticleStepping into the arena: statutory authorities and the common law duty of care
Electricity Networks Corporation v Herridge Parties [2022] HCA 37 In a nutshell In Electricity Networks Corporation v Herridge Parties [2022] HCA 37, the High Court gave a helpful overview of the...
View ArticleVCAT jurisdiction: not a corps(e)
Thurin v Krongold Constructions (Aust) Pty Ltd [2022] VSCA 226 The Victorian Court of Appeal has resolved two important questions relating to federal jurisdiction in Thurin v Krongold [2022] VSCA 226...
View ArticleNo “minimum requirement” of procedural fairness applicable to all court...
SDCV v Director-General of Security [2022] HCA 32 Is there a “minimum requirement” of procedural fairness applicable to all proceedings in a Chapter III court? No, according to a narrow majority of the...
View ArticlePiercing the political veil: the future justiciability of pre-selection...
Asmar v Albanese [2022] VSCA 19; Camenzuli v Morrison [2022] NSWCA 51 While the federal election is run and won, the (new) Prime Minister entered the race with a wet sail, having already secured a...
View ArticleHCA holds outsiders can seek declaration as to meaning of contract
Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5 If you are not a party to a contract, but you are affected by its terms, can you go to court to get a declaration about what...
View ArticleSomething federal this way comes
Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Citta v Cawthorn concerns the limits on jurisdiction of State tribunals which are not ‘court[s] of a State’ (within s 77 of the Constitution). The case...
View ArticleFraud in a public law context: less bloody than its common law cognate
Minister for Home Affairs v DUA16 [2019] FCAFC 221 Summary The principles of public law concerning impropriety and exercise of statutory powers do not require the sort of turpitude as that which can be...
View ArticleInjunctions to restrain a third-party pending the remaking of an...
Clark v Minister for the Environment (No 2) [2019] FCA 2028 The question of the power of the Court to restrain a third-party from taking action that would threaten the subject of a judicial review...
View ArticleJudicial review of executive power: the unreasonableness ground
Judicial review of executive power: the unreasonableness ground In Australia, it is presently unclear whether and to what extent the unreasonableness ground applies to administrative action based on...
View ArticlePiercing the political veil: the future justiciability of pre-selection...
Asmar v Albanese [2022] VSCA 19; Camenzuli v Morrison [2022] NSWCA 51 While the federal election is run and won, the (new) Prime Minister entered the race with a wet sail, having already secured a...
View ArticleHCA holds outsiders can seek declaration as to meaning of contract
Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5 If you are not a party to a contract, but you are affected by its terms, can you go to court to get a declaration about what...
View ArticleSomething federal this way comes
Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Citta v Cawthorn concerns the limits on jurisdiction of State tribunals which are not ‘court[s] of a State’ (within s 77 of the Constitution). The case...
View ArticleMulti-Disciplinary Partnerships and Legal Professional Privilege
Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278 Overview The recent Federal Court decision in Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278 considered whether the...
View Article
![[TVRIP] Vertex Force [バーテックスフォース] 第01話](http://animerss.com/img/TVRIP-Vertex-Force.jpg)
