Category: Public Law

A majority of the High Court held that Queensland laws regulating the making of gifts to political parties were valid, and that a Commonwealth law purporting to permit such gifts was invalid.

The High Court unanimously held that a State legislature could not vest jurisdiction in an executive tribunal to hear a dispute between residents of different States, but split 4:3 on why

The High Court has read down a statutory secrecy provision that purported to shield information from production to a court on judicial review. In doing so, it has confirmed that s 75(v) of the Constitution protects more than simply the right to commence proceedings for judicial review.

In Falzon v Minister for Immigration and Border Protection, the High Court dismissed a challenge to the validity of s 501(3A) of the Migration Act. The Court held that the provision, which provided for the cancellation of a visa in certain circumstances, did not confer judicial power on the executive.

 In Rizeq v Western Australia [2017] 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).

In Re Day [No 2] [2017] 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] [2017] 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)