ON 7 JULY 2014, Justice Crennan of the High Court of Australia granted an interim injunction restraining the Commonwealth from taking, removing, deporting or surrendering certain asylum seekers into the custody of the government of Sri Lanka.
http://www.austlii.edu.au/au/other/HCATrans/2014/148.html
Sydney, Australia
1300 00 2088
The High Court of Australia has reportedly granted an interim injunction ordering the Commonwealth to refrain from transferring certain asylum seekers to Sri Lanka, the country from which they were seeking asylum.
Sydney, Australia
1300 00 2088
ON 7 JULY 2014, the Supreme Court of NSW delivered Curnow v Curnow [2014] NSWSC 896 (7 July 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/896.html
The plaintiffs brought an application for a family provision order under the NSW Succession Act 2006. The deceased died intestate with two children of his own (the second and third plaintiffs), a widow (the defendant) and the widow’s daughter/his stepdaughter (the first plaintiff).
The first plaintiff applied on the basis that she was a member of the deceased’s household and was dependent on him; the second and third plaintiffs applied on the basis that they were the deceased’s children.
The plaintiffs were eligible persons entitled to orders for education, maintenance or advancement in life. The court determined that capital lump sums of differing amounts be paid to each of the plaintiffs to enable them to pay off immediate debts as well as an order for their costs.
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ON 7 JULY 2014, the NSW Court of Appeal delivered AHB v NSW Trustee and Guardian [2014] NSWCA 216.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172537
The Court dismissed an appeal of an Appeal Panel upholding a decision of the Administrative Decisions Tribunal to confirm the decision of the NSW Trustee and Guardian to sell sell the protected person’s family home.
Despite being unsuccessful, the protected person was not ordered to pay the NSW Trustee and Guardian’s costs.
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ON 7 JULY 1989, the Federal Court of Australia delivered Re Henjo Investments Pty Limited; Henry Saade and Saade Developments Pty Limited v Collins Marrickville Pty Limited [1989] FCA 246; 89 ALR 539; (1989) 40 FCR 76 (7 July 1989).
http://www.austlii.edu.au/au/cases/cth/FCA/1989/246.html
Sydney, Australia
1300 00 2088
ON 7 JULY 2014, the NSW Court of Appeal delivered Hollingsworth v Royal Society for the Prevention of Cruelty to Animals, New South Wales [2014] NSWCA 220.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172610
The court dismissed a Notice of Motion in which Kim Hollingsworth, representing herself, sought to invoke the supervisory jurisdiction of the Supreme Court in respect of a District Court decision of Judge Neilson on an appeal from the Local Court. The decision related to ancillary orders made with respect to convictions under the NSW Prevention of Cruelty to Animals Act 1979 regarding horses owned by, or in the care of, Ms Hollingsworth.
Sydney, Australia
1300 00 2088
ON 7 JULY 1977, the High Court of Australia delivered Heatley v Tasmanian Racing & Gaming Commission [1977] HCA 39; (1977)137 CLR 487 (7 July 1977).
http://www.austlii.edu.au/au/cases/cth/HCA/1977/39.html
Heatley had been warned off racecourses in Tasmania without any notice by the Commission of it’s intention to do so. The court held that the Commission was bound by the rules of natural justice to give such notice (unless there was an emergency) and that Heatley should have had the opportunity to make representations before the Commission made it’s decision.
The court found that Heatley, as a member of the public, had a legitimate expectation of being admitted to the racecourse and that for the rules of natural justice to apply, the applicant only needed to have a legitimate expectation rather than a right or interest.
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Peter O'Grady Lawyer 