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McKendry v Richards

The Supreme Court of Queensland has refused an application to review the demotion of a police Inspector. The court refused to accept additional evidence on the basis that it was not fresh and the officer failed to establish its exclusion had been unfair...

Published Thu, Jan 21 2010 11:45 PM by Latest Cases

Filed under: administrative law, judicial review, police, discipline

Australian Leisure & Hospitality Group Ltd v Chief Executive, Dept of Employment, Economic Development and Innovation

The Australian Leisure & Hospitality group has failed in its action to stop bans on the use of glass at their licensed venues. The Supreme Court of Queensland upheld the Department of Employment, Economic Development and Innovation's decision...

Published Thu, Nov 12 2009 11:07 PM by Latest Cases

Filed under: administrative law, judicial review, licences, liquor

Zhang v Commissioner, Australian Federal Police

The Federal Court has granted an interlocutory injunction restraining the inspection of documents seized under search warrants. A serious question arose as to whether the documents were seized without proper regard to the terms of the search warrants...

Published Mon, Oct 19 2009 12:41 AM by Latest Cases

Filed under: administrative law, evidence, inspection, judicial review

SS v Australian Crime Commission

The FCA dismissed an application for judicial review of an Australian Crime Commission (ACC) determination, amended determination and decision to issue the applicant a summons. The court held that the (CTH) Australian Crime Commission Act 2002 ss 7C,...

Published Wed, Jun 3 2009 11:21 PM by Latest Cases

Filed under: administrative law, criminal law, judicial review, crime and corruption commissions

Medical Practitioners Board of Victoria v Sabi Lai

The VSCA dismissed an appeal against a decision grant the respondent registration as a medical practitioner. The respondent had been convicted of criminal offences and found to have engaged in unprofessional conduct of a serious nature in relation to...

Published Mon, May 25 2009 1:32 AM by Latest Cases

Filed under: administrative law, judicial review, medical practitioners, medicine

Telstra Corporation Ltd v Australian Competition Tribunal

The FCAFC allowed Telstra's appeal against a decision of the Australian Competition Tribunal (Tribunal). The Tribunal set aside a decision of the ACCC, where Telstra had been granted applications under (CTH) Trade Practices Act 1974 (Act) s 152AT...

Published Tue, Mar 17 2009 11:09 AM by Latest Cases

Filed under: administrative law, judicial review, trade and commerce, trade practices

Martens v Commonwealth of Australia

The FCA set aside a decision of the Minister for Home Affairs, refusing to refer the applicant's case to the QCA pursuant to the (QLD) Criminal Code Act 1899 s 672A. The FCA found that, while the respondent had the power to make the decision, he had...

Published Tue, Mar 10 2009 3:31 AM by Latest Cases

Filed under: administrative law, appeals, criminal law, judicial review

ABC v Sage

The Federal Court of Australia dismissed an application for review of a summons issued by the Australian Crime Commission examiner requiring the applicant to attend an examination. The court found a reference in the summons that charges before courts...

Published Tue, Mar 3 2009 10:13 AM by Latest Cases

Filed under: administrative law, contempt of court, criminal law, judicial review, contempt, crime and corruption commissions, Australian Crime Commission examiner, federally relevant criminal activity, no federal aspect, interference with administration of justice, revelation of defence, summons

Accused A v Callanan

The Queensland Supreme Court held liberty and privileges are relevant considerations in determining the public interest. The court found a crime reference committee failed to consider the public interest in referring an investigation to the Crime and...

Published Fri, Feb 20 2009 9:07 AM by Latest Cases

Filed under: administrative law, criminal law, interpretation, judicial review, public interest, relevant considerations, statutes, crime and corruption commissions, referral, authorised decision, impartiality

Eastman v Honourable Justice Besanko

The ACTSC affirmed an earlier decision of Justice Besanko refusing to order an inquiry into the appellant's conviction for murdering the Assistant Commissioner of the AFP. Justice Besanko's decision was not reviewable as it was not made under...

Published Thu, Feb 19 2009 8:45 AM by Latest Cases

Filed under: administrative law, criminal law, criminal procedure, judicial review, refusal, inquiry after conviction, prerogative relief, unreasonableness

Shire of Carnarvon v Klein Corporation Pty Ltd (No 2)

The Supreme Court of Victoria granted the applicant, the shire, an extension of time to seek judicial review and relief in the nature of certiorari concerning a judgment of the Victorian Magistrates' Court (VMC). The court, finding the VMC lacked...

Published Mon, Feb 16 2009 8:08 AM by Latest Cases

Filed under: courts, judicial review, practice and procedure, special circumstances, judicial system, territorial jurisdiction, jurisdiction, magistrates' court, time limit extensions

Telstra Corp Ltd v Australian Competition and Consumer Commission

Federal Court of Australia - Rares J - 24 November 2008 - [2008] FCA 1758 Trade and commerce - Monopolies - Access to services - Resolution of dispute - Media and communications - Telecommunications - Unconditioned local loop service - Costs - Administrative...

Published Thu, Nov 27 2008 2:51 AM by Latest Cases

Filed under: access to services, administrative law, costs, industry code, judicial review, misunderstanding, monopolies, resolution of dispute, telecommunications, trade and commerce, unconditioned local loop service, communications, media

Foster v Secretary, Dept of Education and Early Childhood Development

Supreme Court of Victoria - Kyrou J - 25 November 2008 - [2008] VSC 504 Administrative law - Judicial review - Natural justice - Opportunity to be heard - Education and research - Teachers - Disciplinary proceedings - Denial of procedural fairness The...

Published Wed, Nov 26 2008 9:28 PM by Latest Cases

Filed under: administrative law, denial of procedural fairness, disciplinary proceedings, judicial review, natural justice, opportunity to be heard, teachers, education, research

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