Ramsay v Minister [2023] NSWLEC 66
Farmers were granted access licences for lesser amounts of water than they applied for. They tried to appeal on the basis that ‘a decision refusing to grant an access licence’ had been made5. They raised the principle that, where two meanings are open, it is proper to adopt the one which avoids …
The King v Jacobs Group [2023] HCA 23
This case is about the penalty imposed after a company conspired to bribe a foreign official on construction projects8. The penalty provision mirrored treaty obligations and was to be read consistently with international law9. Penalties should be ‘effective, proportionate and dissuasive’; and proportionate to the gravity of the …
Disorganized Developments v SA [2023] HCA 22
Hells Angels is a criminal organisation. Two members were directors of Disorganized, which owned land at Cowirra. It is an offence for members of a criminal organisation to enter property declared a ‘prescribed place’11. Regulations sought to (but did not on their face) declare the land a ‘prescribed place’. After conviction, …
MK v R [2023] NSWCCA 180
MK was convicted of maintaining an ‘unlawful sexual relationship’ with a child13. That term is defined as ‘a relationship in which an adult engages in 2 or more unlawful sexual acts towards a child over any period’. Two earlier cases held that a sexual relationship over and above commission of the offences …
CEO v Waroona Resources [2023] WASCA 73
Regulations exempted ‘asbestos containing material’6 – defined as ‘manufactured material … that, as part of its design, contains asbestos’ – from levy calculation. Waroona said this should be read as including a mix of asbestos and soil where separation was impracticable.
Waroona argued that the levy’s purpose of encouraging recycling did not …
Doman v Leadenhall Australia [2023] SASC 97
This case is about the effect of bankruptcy on judgment debt interest. It is important for two reasons. First is the principle that statutes – in this case, the Bankruptcy Act 1966 – override the common law to the extent of any inconsistency. Second is the discussion by McDonald J (at [50-57]) about …
Azimitabar v Commonwealth [2023] FCA 760
Statutory definitions, as mere aids to construction, are usually unable to confer powers10. In this case, the definition of ‘immigration detention’ seemed to allow the minister to approve ‘another place’ as an immigration detention centre. A delegate purported to use the power to approve the Mantra Hotel as such a centre. This …
Host-Plus v Maritime Super [2023] NSWSC 725
Did an asset transfer from one superfund to another involve an ‘appointment’ for the purpose of unlawful inducement provisions13? The word ‘appointment’ has a well-understood legal meaning in trust situations14. Words with a legal meaning when used in a statute take that meaning ‘unless a contrary meaning clearly appears …
DMQ20 v Minister [2023] FCAFC 84
Generally, the same expression in a statute takes the same meaning, while different expressions indicate different meanings. This is not to be pressed too far, and ‘is of very slight force’ if the words are clear7.
The presumption is also muted where differences in wording can be attributed to the scope or …
DN v Secretary [2023] NSWSC 595
The issue was whether the Children’s Court had jurisdiction to vary a care order made after children were placed with UK carers10. The mother (DN) argued that there was no power to vary the order.
Kunc J rejected this. The jurisdiction of courts is to be construed broadly11, and more …
