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Australian administrative law

The growth of administrative law in Australia has continued in an unabated form
since the introduction of innovative reforms in the mid-1970s. The centre plank
of these reforms was the establishment of the Administrative Appeals Tribunal
with follow-on reforms relating to the Ombudsman, judicial review and freedom
of information legislation. The impact of these reforms has been vast and sig-
nificant. Australian Administrative Law: Fundamentals, Principles and Doctrines
seeks to take stock of the growth and development of administrative law princi-
ples. Particular attention is paid to the important cases and key doctrines which
provide the theoretical underpinnings of these principles.
In this book, a team of highly respected administrative law scholars and jurists
aim to provide a lucid exposition of the relevant case law, principles and doctrines.
The book illuminates the fundamental features of Australian administrative law
and will prove useful to students and practitioners interested in this field.

Matthew Groves is Senior Lecturer in Law at Monash University.
H P Lee holds the Sir John Latham Chair of Law at Monash University.
Australian administrative law
Fundamentals, principles and doctrines


Matthew Groves
H P Lee
CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo

Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK
Published in the United States of America by Cambridge University Press, New York
www.cambridge.org
Information on this title: www.cambridge.org/9780521697903

© Matthew Groves, HP Lee 2007


This publication is in copyright. Subject to statutory exception and to the provision of
relevant collective licensing agreements, no reproduction of any part may take place
without the written permission of Cambridge University Press.
First published in print format 2007

eBook (EBL)
ISBN-13 978-0-511-35445-8
ISBN-10 0-511-35445-2 eBook (EBL)

paperback
ISBN-13 978-0-521-69790-3
paperback
ISBN-10 0-521-69790-5




Cambridge University Press has no responsibility for the persistence or accuracy of urls
for external or third-party internet websites referred to in this publication, and does not
guarantee that any content on such websites is, or will remain, accurate or appropriate.
Contents


Foreword vii
Preface ix
About the contributors xi
Table of cases xvii
Table of statutes xxxix

1 Australian administrative law: The constitutional
and legal matrix 1
M AT TH E W G R O V E S A N D H P L E E

2 Administrative law in Australia: Themes and values 15
J U S TI C E R O B E R T F R E N C H

3 The public/private distinction in Australian administrative law 34
COLI N C AM P B ELL

4 Australian administrative law: The human rights dimension 50
BEN SAUL

5 Administrative tribunals 77
ROBYN CR EYKE

6 Australian Ombudsman: A continual work in progress 100
RICK SNELL

7 Freedom of information 116
M O I R A P ATE R S O N

8 Delegated legislation 134
S TE P H E N A R G U M E N T

9 The concept of ˜justiciability™ in administrative law 143
CHRIS FINN

10 Standing 158
ROGER DOUGLAS

11 Reasons for administrative decisions: Legal framework and reform 172
M A R I LY N P I T TA R D



v
vi CONTENTS


12 Relevant and irrelevant considerations 185
N A O M I S I D E B O TH A M

13 Improper purpose 198
H P LEE

14 Reasonableness, rationality and proportionality 212
G E O F F A I R O - FA R U L L A

15 The ˜no evidence™ rule 233
BILL LANE

16 Failure to exercise discretion or perform duties 253
M A R I A O ™ S U L L I VA N

17 Procedural fairness: The hearing rule 265
L I N DA P E A R SO N

18 The doctrine of substantive unfairness and the review of substantive
legitimate expectations 280
C A M E R O N S TE W A R T

19 The impact and signi¬cance of Teoh and Lam 299
ALI SON DUXB U RY

20 The rule against bias 316
M AT TH E W G R O V E S

21 Jurisdictional error without the tears 330
MAR K ARON SON

22 Privative clauses and the limits of the law 345
M A R Y C R O C K A N D E D W A R D S A N TO W

23 Administrative law judicial remedies 368
S TE P H E N G A G E L E R


Endnotes 381
Index 465
Foreword
The Hon M E J Black AC
Chief Justice of the Federal Court of Australia



The large, complex and evolving field of administrative law is of special impor-
tance to lawyers and indeed to all concerned with Australia™s democracy. This
is not only because administrative decision-making can, and increasingly does,
touch upon almost any aspect of our lives but, more fundamentally, because
administrative law is one of the primary means by which our commitment to the
rule of law is applied. This commitment to the rule of law may be seen at its most
direct in the field of judicial review. As a former Chief Justice of Australia has
written:
Judicial review is neither more nor less than the enforcement of the rule of law over executive
action; it is the means by which executive action is prevented from exceeding the powers and
functions assigned to the executive by law and the interests of the individual are protected
accordingly.1

Australian administrative law has its own distinctive character. Its influences
include the Commonwealth™s legislative reforms of the 1970s and early 1980s.
These reforms covered a wide field, and included the establishment of a simplified
process of judicial review before the newly created Federal Court of Australia.
No less importantly, the reforms provided for merits review before a new and
independent tribunal of high standing, the Administrative Appeals Tribunal. It
would be a serious mistake to underestimate the importance of merits review
by tribunals and other non-judicial aspects of administrative law, for tribunals
are usually the first and most accessible avenue for Australians seeking review of
executive decision-making. The reforms also created the office of the Common-
wealth Ombudsman, and the Administrative Review Council to keep the new
system under review and the reforms maintained. All this occurred against the
rich background of the common law and its institutions and in the constant pres-
ence of Australia™s Constitution “ often unnoticed but, on occasion, stamping its
own authority on the development of this body of law.
In this excellent new book, distinguished scholars from academia, the prac-
tising legal profession, and the judiciary explore and explain Australian admin-
istrative law, its theories, the ideas and the principles upon which it rests.
The intended readership includes tertiary students and to them I would com-
mend the quality of the scholarship and the enthusiasm for the subject that
the writing conveys; as lawyers they will have an important role to play in
promoting an understanding of the fundamentals of our system of government.

vii
viii FOREWORD


Administrative law, and its interaction with constitutional law, should be one of
their special responsibilities. Also, although students will no doubt concentrate
on particular chapters, I would urge them to read and consider the work as a
whole, for administrative law is an area in which a clear understanding of the
broad field “ which the book provides in full measure “ is needed for a proper
understanding of the individual parts.
I am delighted to have the opportunity of writing the foreword to this very
valuable contemporary work on administrative law in Australia.

M E J Black
Owen Dixon Commonwealth Law Courts
Melbourne
19 February 2007
Preface


The development of administrative law is a prominent feature of the Australian
legal landscape. The importance of this subject is highlighted by the fact that it is
stipulated as a ˜core™ subject in the syllabi of many, if not most, law schools. One
needs only to peruse the cases reported in the main law reports to appreciate its
significance as a large area of legal practice.
In this volume of essays, the contributors examine a number of fundamental
topics of practical and doctrinal importance. The contributors (who are drawn
from academia, the judiciary and the legal profession) have sought to provide a
lucid exposition of the relevant case law and principles and explore the doctrinal
dimensions and theoretical underpinnings of those principles.
We hope this volume will be of great relevance and value to tertiary courses
in Australian administrative law, the Australian legal system and government.
As it will be concerned not only with the lucid exposition of the principles, but
also with the scholarly exploration of doctrines and theories underpinning the
subject, we expect that the volume will be of great interest to tertiary students,
members of the judiciary, practitioners and legal academics.
We wish to record our gratitude to a number of persons who assisted us greatly
in bringing this book to fruition. First and foremost we are extremely indebted
to Enid Campbell, Emeritus Professor at Monash University and the undoubted
doyenne of public law in Australia. Enid generously reviewed all the contributions
and provided us with invaluable comments. Jill Henry and Kate Indigo at Cam-
bridge University Press and Carolyn Leslie were most helpful and, fortunately for
us, very patient as we sought to complete the editing of the book amidst our many
other pressing commitments. We also would like to thank Maryanne Cassar and
Audrey Paisley who provided us with efficient and chirpy secretarial assistance
and the Monash Law Faculty for providing us with a grant to enable us to organise
a symposium where a number of the draft chapters were discussed.
Last, but not least, we are indebted to the Honourable Michael Black, Chief
Justice of the Federal Court of Australia, for his encouragement and for writing
the foreword to the book.

Matthew Groves and H P Lee




ix
About the contributors


Geoff Airo-Farulla is Assistant Commonwealth Ombudsman, Brisbane. He
was previously a foundation member of staff at the Griffith Law School,
where he was a Senior Lecturer and Director of the Governance and
Regulation Program in the Socio-Legal Research Centre. Dr Airo-Farulla has
also previously been a part-time member of the Social Security Appeals
Tribunal, and a member of the Queensland Gaming Commission.
Stephen Argument is a government lawyer working in Canberra, and has
also worked extensively in private legal practice for mainly government
clients. Prior to commencing work in private legal practice in 2000, Stephen
worked in the Australian Public Service where his positions included
Secretary to the Senate Standing Committee for the Scrutiny of Bills.
Stephen is co-author of the third edition of Professor Dennis Pearce™s text
Delegated Legislation in Australia. He has been the National Secretary of the
Australian Institute of Administrative Law for over sixteen years. Stephen is
the Legal Adviser (Subordinate Legislation) to the Australian Capital
Territory Legislative Assembly™s Scrutiny of Bills and Subordinate
Legislation Committee.
Mark Aronson is Emeritus Professor of Law at the University of New South
Wales. He has written extensively on issues in law, Crown liability, evidence
and procedure. He is planning to begin work on a fourth edition of Aronson,
Dyer and Groves™ Judicial Review of Administrative Action (2004), which is
currently in its third edition.
Colin Campbell is Lecturer at the Faculty of Law, Monash University. Prior
to this he was a solicitor and a judge™s associate. Colin holds masters
degrees in law from the University of Melbourne and Cambridge University.
Colin was recently awarded a PhD by Cambridge University for his doctoral
dissertation, ˜The Conception of Public Power in Judicial Review™.
Mary Crock is Associate Professor and Associate Dean (Postgraduate
Research) at the Faculty of Law, University of Sydney. Mary teaches and
researches in migration and refugee law. Her books and edited collections
include: Seeking Asylum Alone: Unaccompanied and Separated Children and
Refugee Protection in Australia (2006); Future Seekers II: Refugees and
Irregular Migration in Australia (2006) (with Ben Saul and Azadeh
Dastyari); Immigration and Refugee Law in Australia (1998). Mary

xi
xii ABOUT THE CONTRIBUTORS


has held many appointments related to migration and refugee issues
including adviser to the Australian Senate (Inquiry into Australia™s
Refugee and Humanitarian Program, 2000) and consultant to the
Human Rights and Equal Opportunity Commission (on immigration
detention).
Robin Creyke is Professor of Law in the College of Law at the Australian
National University, where she teaches mainly administrative law and
military law. Her main research interests are in administrative law, notably
the impact of judicial review cases and the position of tribunals in our
system of government. Robin™s publications include Veterans™ Entitlements
Law (2001, with P Sutherland) and Laying Down the Law (6th edn, with
several co-authors) and Control of Government Action (2005, with J
McMillan). Robin has held many positions in both government and the
private sector. She is currently President of the Australian Institute of
Administrative Law, a member of the Administrative Review Council
(which advises the federal Attorney-General on administrative law issues)
and is also a Special Counsel for Philips Fox Lawyers (where she advises on
government and corporate issues).
Roger Douglas is Associate Professor at La Trobe University Law School,
where he teaches administrative law, civil procedure, equity and trusts. His
recent research examines the use of law to control political dissent. Roger™s
publications include numerous articles in law, sociology and criminology
journals, and books including: Dealing with Demonstrations (2004), Douglas
and Jones™ Administrative Law: Cases and Commentary (5th edn 2006), and
Social Aspects of Law (1973).
Alison Duxbury is Senior Lecturer at the Faculty of Law, University of
Melbourne and a member of the Asia-Pacific Centre for Military Law. She
holds bachelor degrees in Arts and Laws (Hons) from the University of
Melbourne, and a Master of Law from Cambridge University. She has taught
a variety of subjects, including constitutional and administrative law,
international law, and military administrative law. Her main research
interests include international law, human rights law, and the intersection
between international law and public law.
Chris Finn is Senior Lecturer in Law at the Law School of the University of
Adelaide. He teaches and researches in the areas of administrative law and
competition law and has published in relation to Freedom of Information
legislation, government contracting, privatisation and utility regulation
(including the Australian National Electricity Market).
Justice Robert French was appointed to the Federal Court of Australia in
1986, and he is based in Perth. From May 1994 to December 1998, he also
held the office of President of the National Native Title Tribunal. He was,
until recently, President of the Australian Association of Constitutional
xiii
ABOUT THE CONTRIBUTORS


Law. He is a member of the Australian Competition Tribunal and a part-time
Commissioner of the Australian Law Reform Commission.
Stephen Gageler SC is a leading member of the New South Wales Bar,
where he maintains a practice in constitutional, administrative and
revenue law with emphasis on appeals mainly in the Federal Court and the
High Court. Before he was called to the Bar, Stephen worked in both
private practise and government and was Associate to Sir Anthony Mason.
He has also published widely in the areas of public law and federal
jurisdiction.
Matthew Groves is Senior Lecturer in Law at the Faculty of Law, Monash
University where he teaches public law, legal ethics and succession law.
Matthew is co-author of Aronson, Dyer and Groves™, Judicial Review of
Administrative Action (3rd edn, 2004) and has published widely on
administrative law, prison management and military law.
Bill Lane is the Clayton Utz Professor of Public Law at Queensland
University of Technology, having previously taught law at La Trobe
University, Melbourne and the University of Queensland. He is joint author
of Lane and Young: Administrative Law in Queensland (2001); joint editor of
Lane and Young Queensland Administrative Law and the editor of the
Queensland Administrative Reports. He is also a part-time Senior Member of
the Veterans Review Board (Cth) and Member of the Non State Schools
Accreditation Board (Qld).
HP Lee is the Sir John Latham Professor of Law at Monash University,
where he is currently Deputy Dean of the Faculty of Law. He teaches and
researches in Australian constitutional law and comparative constitutional
law. His major works include HP Lee and G Winterton (eds), Australian
Constitutional Landmarks (2003), E Campbell and HP Lee, The Australian
Judiciary (2001), HP Lee, Constitutional Conflicts in Contemporary Malaysia
(1995) and HP Lee, Emergency Powers (1984). He is also currently the
Vice-Chairman of the Australian Press Council.
Maria O™Sullivan lectures in administrative law at Monash University. She
completed a BA/LLB (Hons) degree at the Australian National University in
1995, and a LLM in International Human Rights Law at the University of
Essex in 2001. She has worked in various legal positions, including as a
Policy Officer at the Human Rights and Equal Opportunity Commission, a
researcher with Matrix Chambers, London, and a legal adviser with the
Refugee Review Tribunal. Her primary research interests are administrative
and refugee law. She is currently completing a doctorate on the cessation of
refugee status.
Moira Paterson is Associate Professor in the Monash Law Faculty,
where she teaches and researches in the areas of freedom of information,
privacy and intellectual property. She is the author of Freedom of
xiv ABOUT THE CONTRIBUTORS


Information and Privacy in Australia: Government and Information Access in
the Modern State (2005) and a Freedom of Information editor for the
Australian Administrative Law Service. Moira was a legal consultant to the
Public Accounts and Estimates Committee of the Victorian Parliament in
respect of its report, Commercial in Confidence Material and the Public
Interest (2000) and a founding co-editor of the FOI Review.
Linda Pearson is Senior Lecturer in the Faculty of Law at the University of
New South Wales, where she teaches administrative law and environmental
law. She is also a judicial member of the Administrative Decisions Tribunal
of New South Wales. Linda has previously been a Presiding Member of the
Guardianship Tribunal of New South Wales. Before she became an
academic, Linda held a range of positions in government, and was a
member of the Social Security Appeals Tribunal and also the Migration
Review Tribunal.
Marilyn Pittard is Professor and formerly Associate Dean (Postgraduate
Studies) at the Faculty of Law at Monash University. Her teaching fields
include undergraduate and postgraduate labour and employment law,
administrative law and public sector employment law. Marilyn has
published widely in labour and employment law, co-authoring Australian
Labour Law: Cases and Materials (4th edn, 2003) (and several previous
editions) and Industrial Relations in Australia: Development, Law and
Operation (1995). She is founding Editorial Board member, Australian
Journal of Labour Law; editor, Employment Law Bulletin; faculty adviser,
Monash University Law Review; executive committee member and
Victorian chapter convenor, Australian Labour Law Association.
Edward Santow is a legal officer at the Australian Law Reform
Commission and a part-time lecturer in Administrative Law at the
University of New South Wales. He is a member of the Steering Committee
of the Global Alliance for Justice Education. He was the National Expert
(Australia) in the European Union™s ˜MEDIS™ project, which compared the
anti-discrimination regimes in Australia and four other jurisdictions. He has
also worked as a solicitor at a Sydney law firm and was Associate to Justice
Heydon of the High Court of Australia.
Ben Saul is Senior Lecturer at the Faculty of Law, at the University of
Sydney, and Director of the Sydney Centre for International and Global Law.
He specialises in public international law and his books include Defining
Terrorism in International Law (2006), the first scholarly work on the
subject, and Future Seekers II: Refugees and Irregular Migration in Australia
(2006) (with Mary Crock and Azadeh Dastyari). Ben is involved in
numerous professional and community organisations and practises
occasionally as an academic barrister.
Naomi Sidebotham was formerly Senior Lecturer in Law in the School of
Law, Murdoch University. She researches in the areas of administrative law
xv
ABOUT THE CONTRIBUTORS


and law and literature and has published in relation to the rule of law,
jurisdictional error and unreasonableness.
Rick Snell is Senior Lecturer in Law at the University of Tasmania, where
he teaches and researches in administrative law and comparative
administrative law. In particular, his comparative research focuses on
freedom of information and Ombudsman. He is a member of the Tasmanian
Administrative Review Advisory Council, which reports to the Tasmanian
Attorney-General on administrative law practices and reforms.
Cameron Stewart is Associate Professor of Law at Macquarie University.
He is a solicitor and barrister of the High Court of Australia and a legal
practitioner of the Supreme Court of New South Wales. He has degrees in
economics, law, jurisprudence and a doctorate from the University of
Sydney on end-of-life decision-making. He has published widely on medical
decision-making and is currently researching Australian guardianship law
and practice.
Table of cases


Anisminic Ltd v Foreign Compensation
A v Minister for Immigration and
Commission [1969] 2 AC 147 237,
Multicultural Affairs [2002] FCA 379
238, 336, 338, 339, 356, 364,
67
370
Abdi and Nadarajah v Secretary of State
Annetts v McCann (1990) 170 CLR 596
for the Home Department [2005]
31, 268, 271
EWCA Civ 1363 293, 298
Abebe v Commonwealth (1999) 197 CLR Ansett Transport Industries (Operations)
Pty Ltd v Commonwealth (1977) 139
510 67, 94, 190, 362
CLR 54 256, 263
Aboriginal Land Council (NSW) v
Anti-Discrimination Commissioner v
Aboriginal and Torres Srait Islander
Acting Ombudsman [2003] TASSC 34
Commission (1995) 131 ALR 559 227
110
Aboriginal Legal Service Ltd v Minister for
Anya v Oxford University [2001] ICR 847
Aboriginal and Torres Strait Islander
182
Affairs (1996) 139 ALR 577 257
Applicant M164/2002 v Minister for
Accident Compensation Commission v
Croom [1991] 2 VR 322 117 Immigration and Multicultural and
Indigenous Affairs [2006] FCAFC 16
Adams v Minister for Immigration and
274
Multicultural Affairs (1997) 70 FCR
591 258 Applicant NAFF of 2002 v Minister for
Ainsworth v Burden (2003) 56 NSWLR Immigration and Multicultural and
Indigenous Affairs (2004) 221 CLR 1
620 122
312, 313
Ainsworth v Criminal Justice Commission
(1992) 175 CLR 564 268, 378 Applicant S v Minister for Immigration
and Multicultural Affairs (2004) 217
Airservices Australia v Canadian Airlines
CLR 387 94
(2000) 202 CLR 133 47
Al-Kateb v Godwin [2004] HC 37 62, Applicant VEAL of 2002 v Minister for
Immigration and Multicultural and
63, 210
Indigenous Affairs (2005) 225 CLR 88
Allan v Development Allowance Authority
93, 274, 277, 363
(1998) 80 FCR 583 168
Allan v Transurban City Link Ltd (2001) Applicant WAFV of 2002 v Refugee
Review Tribunal (2003) 125 FCR 351
208 CLR 283 158
29
Allinson v General Council of Medical
Armah v Government of Ghana [1968]
Education and Registration [1894] 1
AC 192 237
QB 750 236
Arnold v State of Queensland and the
Alphapharm Pty Ltd v SmithKline
Beecham (Australia) Pty Ltd (1994) 49 National Parks and Wildlife Service
(1987) 13 ALD 195 117
FCR 250 167, 168, 171
Ascic v Australian Federal Police (1986)
Ang v Minister for Immigration and
11 ALN N184 123
Ethnic Affairs (1994) 121 ALR 95 199


xvii
xviii TABLE OF CASES


Australian Capital Television Pty Ltd v
Ashbridge Investments Ltd v Minister of
Commonwealth (1992) 177 CLR 106
Housing and Local Government [1965]
1 WLR 1320 238 4, 5
Australian Coal and Shale Employees™
Associated Provincial Picture Houses Ltd v
Wednesbury Corporation [1948] 1 KB Federation v Aberfield Coal Mining Co
Ltd (1942) 66 CLR 161 362
223 31, 52, 54, 185, 195, 215,
281 Australian Communist Party v
Commonwealth (1951) 83 CLR 1 3,
Association of British Civilian Internees
18, 214, 367
Far East Region v Secretary for Defence
[2002] EWHC 2119 290 Australian Conservation Foundation v
Commonwealth (1980) 146 CLR 493
Ates v Minister of State for Immigration
and Ethnic Affairs (1983) 67 FLR 449 160“161, 164, 166, 167, 168, 169,
171
66
Attorney-General v Ryan [1980] AC 718 Australian Conservation Foundation v
350 Environmental Protection Appeal
Board [1983] VR 385 164
Attorney General (UK) v Heinemann
Publishers (1988) 165 CLR 30 144 Australian Conservation Foundation v
Forestry Commission (1988) 19 FCR
Attorney-General (Cth) v Breckler (1999)
127 164
197 CLR 83 86
Australian Conservation Foundation v
Attorney-General (Cth) v The Queen
(1957) 95 CLR 529 6, 210 Minister for Resources (1989) 19 ALD
70 165
Attorney-General (Hong Kong) v Ng Yuen
Shiu [1983] 2 AC 629 266, 283, Australian Conservation Foundation v
South Australia (1990) 53 SASR 349
287
164, 165
Attorney-General (NSW) v Kennedy
Miller Television Pty Ltd (1998) 43 Australian Foreman Stevedores
NSWLR 729 179 Association v Crone (1980) 98 ALR
Attorney-General (NSW) v Quin (1990) 276 164
170 CLR 1 10, 22, 32, 61, 217, 225, Australian Gaslight Company v
Valuer-General (1940) 40 SR (NSW)
234, 260, 267, 268, 295, 298, 310,
126 235, 236
348
Attorney-General (NSW) v World Best Australian Heritage Commission v Mount
Holdings Ltd (2005) 223 ALR 346 Isa Mines Ltd (1997) 187 CLR 297
201 217
Attorney-General™s Department v Australian Institute of Marine and Power
Cockcroft (1986) 10 FCR 180 123 Engineers v Secretary, Department of
Transport (1986) 71 ALR 73 164,
Austin v Deputy Secretary,
Attorney-General™s Department (1986) 170
67 ALR 58 117 Australian National Industries Ltd v
Spedley Securities Ltd (in Liq) (1992)
Austral Fisheries Pty Ltd v Minister for
Primary Industries and Energy (1993) 26 NSWLR 411 317
112 ALR 211 226 Australian National University v Burns
(1982) 64 FLR 166 176
Australian Broadcasting Corporation v
Lenah Game Meats Pty Ltd (2002) 208 Australian Retailers Association v Reserve
CLR 199 35 Bank of Australia [2005] FCA 1707
232
Australian Broadcasting Tribunal v Bond
(1990) 170 CLR 321 30, 213, 219, Australian Telecommunications
Corporation v Lambroglou (1990) 12
233, 234, 235, 238, 241, 244, 247,
AAR 515 96
250, 251, 328, 349, 375
xix
TABLE OF CASES


Bounty Council v The Ombudsman
Azzopardi v Tasman UEB Industries Ltd
(1995) 37 NSWLR 357 110
(1985) 4 NSWLR 139 235, 241, 242,
247, 252 Boyce v Paddington Borough Council
[1903] 1 Ch 109 159, 164, 371
B41 of 2003 v Refugee Review Tribunal
Bradley v Commonwealth (1973) 128
[2004] FCA 30 33
CLR 582 302
Bailey v Conole (1931) 34 WALR 18 202
Baker v Carr 369 US 186 (1962) 155 Brandy v Human Rights and Equal
Opportunity Commission (1995) 183
Banks v Transport Regulation Board (Vic)
CLR 245 7, 9
(1968) 119 CLR 222 266
Bray v F Hoffman-La Roche Ltd (2003)
Barratt v Howard (2000) 170 ALR 529
200 ALR 607 330
31, 296
Barton v The Queen (1980) 147 CLR 75 Bread Manufacturers of New South Wales
v Evans (1981) 180 CLR 404 257
159
Bateman™s Bay Aboriginal Land Council v Breen v Amalgamated Engineering Union
[1971] 2 QB 175 19
Aboriginal Community Benefit Fund
Pty Ltd (1998) 194 CLR 247 158, Bridgetown/Greenbushes Friends of the
159, 162“163, 167, 169, 378 Forest Inc v Executive Director of
Bates v Lord Hailsham [1972] 1 WLR Conservation and Land Management
1373 267 (1997) 18 WAR 102 164, 165
Batterham v QSR Ltd [2006] HCA 23 Briginshaw v Briginshaw (1938) 60 CLR
336 95, 224
331
Begum v Tower Hamlets London Borough Brisbane Airport Corporation v Deputy
Council [2003] 2 AC 430 426 President Wright [2002] FCA 359
171
Bellinz v Commissioner of Taxation
(1998) 84 FCR 154 295 British Oxygen Co Ltd v Minister of
Technology [1971] AC 601 258
Berowra Holdings Pty Ltd v Gordon
[2006] HCA 32 334, 341 Bropho v State of Western Australia
(1990) 171 CLR 1 26, 47, 61
BGL Corporate Solutions Pty Ltd v
Bropho v Tickner (1993) 40 FCR 165
Australian Prudential Regulation
Authority [1999] FCA 420 167 164, 170, 258
Bibi v Newham LBC [2001] EWCA Civ Brown v Police (1999) 74 SASR 402
607 288 325
Bienke v Minister for Industries and Brownells Ltd v Ironmongers™ Wages
Energy (1996) 63 FCR 567 230 Board (1950) 81 CLR 108 198
Bruce v Cole (1998) 45 NSWLR 163 194
Big Country Developments Pty Ltd v
Buck v Bavone (1976) 135 CLR 110 52,
Australian Community Pharmacy
Authority (1995) 60 FCR 85 167 225, 349
Birdseye v Australian Securities and Bugdaycay v Secretary of State for the
Investment Commission (2003) 76 Home Department [1987] AC 514
ALD 321 96 229, 426
Board of Education v Rice [1911] AC 179 Builders Licensing Board v Sperway
Constructions (Sydney) Pty Ltd (1976)
268, 272
135 CLR 616 85, 96
Boddington v British Transport Police
[1999] 2 AC 143 238, 337 Builders™ Registration Board (Qld) v
Rauber (1983) 47 ALR 55 328
Bond v Australian Broadcasting Tribunal
(1990) 170 CLR 321 242, 245, Building Construction Employees and
248 Builders™ Labourers Federation of New
Borkovic v Minister for Immigration and South Wales v Minister for Industrial
Ethnic Affairs (1981) 39 ALR 186 233 Relations (1986) 7 NSWLR 372 61
xx TABLE OF CASES


Commission (2000) 203 CLR 194
Bushell v Repatriation Commission
(1992) 175 CLR 408 93 338
Coal Miners Industrial Union of Workers
Byron Environmental Centre Inc v
Arakwal People (1998) 78 FCR 1 164, of WA v Amalgamated Colleries of WA
(1960) 104 CLR 437 356
170
Coco v The Queen (1994) 179 CLR 427
C v T (1995) 58 FCR 1 224
26, 61, 229
Cameron v Human Rights and Equal
Opportunity Commission (1993) 46 Colakovski v Australian
FCR 509 164 Telecommunications Commission
(1991) 29 FCR 429 127
Canberra Tradesman™s Union Club Inc v
Coleen Properties Ltd v Minister of
Commissioner for Land and Planning
Housing and Local Government [1971]
(ACT Supreme Court, unreported, 23
1 WLR 433 239
June 1998) 169
Collector of Customs v Agfa-Gevaert
Carcione Nominees Pty Ltd v Western
(1996) 186 CLR 389 236
Australian Planning Commission
(2005) 140 LGERA 429 220 Collector of Customs v Brian Lawlor
Automotive Pty Ltd (1979) 41 FLR 338
Carltona Ltd v Commissioner of Works
[1943] 2 All ER 560 184, 262 87
Case of Impositions (Bates case) (1610) 2 Collector of Customs v Pozzolanic
Enterprises Pty Ltd (1993) 43 FCR 280
State Tr 371 147
Case of Proclamations (1610) 77 ER 1352 236
147 Collector of Customs (NSW) v Brian
Case of Ship Moneys R v Hampden (1637) Lawlor Automotive Pty Ltd (1979) 24
3 State Tr 826 148 ALR 307 333
Collins v State of South Australia (1999)
Chairperson, Aboriginal and Torres Strait
74 SASR 200 305
Islander Commission v Commonwealth
Ombudsman (1995) 134 ALR 238 Colonial Bank of Australasia v Willan
(1874) LR 5 PC 417 340
110
Combet v Commonwealth [2005] HCA 61
Chan v Minister for Immigration and
Ethnic Affairs (1989) 169 CLR 379 341
Comcare v Ethridge [2006] FCAFC 27
67, 225
96
Chapmans Ltd v Australian Stock
Exchange Ltd (1994) 123 ALR 215 34 Commissioner for Australian Capital
Chaudhary v Minister for Immigration Territory Revenue v Alphaone Pty Ltd
and Ethnic Affairs (1993) 44 FCR 510 (1994) 49 FCR 576 275, 276
66 Commissioner of State Revenue v
Anderson [2004] VSC 152 180
Chilcott v Medical Registration Board of
Queensland [2002] ASC 118 167 Commonwealth v Mewett (1997) 191
Chow Hung Ching v The King (1948) 77 CLR 471 378
CLR 449 302 Commonwealth of Australia v Dutton
(2000) 102 FCR 168 128
Chu Kheng Lim v Minister for
Immigration (1992) 176 CLR 1 361 Connock Chase DC v Kelly (1978) 1 WLR
1 28
Church of Scientology v Woodward
(1982) 154 CLR 25 vii Continential Venture Capital Ltd v Amann
Aviation Pty Ltd (in Liq) (2001) 53
Clements v Independent Indigenous
Advisory Authority (2003) 131 FCR NSWLR 687 334
28 33 Conway v R (2002) 209 CLR 203 339
Coope v Italiano (1996) 65 SASR 405
Coal and Allied Operations Pty Ltd v
179
Australian Industrial Relations
xxi
TABLE OF CASES


Davey v Spelthorne Borough Council
Cooper v Wandsworth Board of Works
[1984] AC 262 372
(1863) 143 ER 414 266
David Jones Finance and Investments Pty
Corporate Affairs Commission (NSW) v
Ltd v Commissioner of Taxation (1991)
Yuill (1991) 172 CLR 319 25
28 FCR 484 295
Corporation of the City of Enfield v
Davies v Price [1958] 1 WLR 434 339
Development Assessment Commission
Davis v Commonwealth (1998) 166 CLR
(2000) 199 CLR 135 237, 241, 349,
79 47
378
De Silva v Minister for Immigration and
Corrs Pavey Whiting and Byrne v
Multicultural Affairs (1989) 89 FCR
Collector of Customs (Vic) (1987) 14
502 227, 231
FCR 434 129
Coughlan [2002] 2 WLR 622 286 Dean v Attorney-General of Queensland
[1971] Qd R 391 204
Council of Civil Service Unions v Minister
for Civil Service [1985] AC 374 Defence Coalition Against RCD Inc v
149“151, 152, 155, 156, 226, 229, Minister for Primary Industry and
Energy (1997) 74 FCR 142 164
266, 268, 281
Courtney v Peters (1990) 27 FCR 404 91 Denman v Association of University
Coutts v Commonwealth (1985) 157 CLR Teachers [2003] EWCA Civ 329 181
91 153, 154 Department of Health v Jephcott (1985)
Craig v South Australia (1995) 184 CLR 62 ALR 421 126, 129
163 87, 237, 238, 274, 335, 338, Department of Immigration and Ethnic
Affairs v Ram (1996) 69 FCR 431
341, 353, 356, 378
CREEDNZ Inc v Governor-General [1981] 305
1 NZLR 172 328 Deputy Commissioner of Taxation v
Richard Walker Pty Ltd (1995) 183
Criminal Justice Commission v
CLR 168 362
Queensland Advocacy Incorporated
[1996] 2 Qd R 118 164, 171 Dickinson v Perrignon [1973] 1 NSWLR
72 373
Crompton v Repatriation Commission
(1993) 30 ALD 45 87, 89 Dietrich v The Queen (1992) 177 CLR
292 64, 302
Cummeragunga Pty Ltd (in liquidation) v
Dilatte v MacTiernan [2002] WASCA
Aboriginal and Torres Strait Islander
Commission (2004) 210 ALR 612 259 100 227
Dimes v Grand Canal Junction (1852) 3
Curragh Queensland Mining Ltd v Daniel
(1992) 34 FCR 212 223, 248, 249, HLC 759 318
250, 251 Director-General of Social Services v
Chaney (1980) 31 ALR 571 87, 89
Cypressvale Pty Ltd v Retail Shop Leases
Tribunal [1996] 2 Qd R 462 179 Director-General of Social Services v Hales
(1983) 78 FLR 373 88
Dagli v Minister for Immigration and
Dorf Industries Pty Ltd v Toose (1994)
Multicultural and Indigenous Affairs
(2003) 133 FCR 541 278 127 ALR 654 34
Dornan v Riordan (1990) 24 FLR 564
Daihatsu Australia Pty Ltd v Deputy
Commissioner of Taxation [2000] FCA 180
1658 296 Drake v Minister for Immigration and
Ethnic Affairs (1979) 24 ALR 577 8,
Daihatsu Australia Pty Ltd v Federal
Commissioner of Taxation (2001) 184 84, 85, 89, 91, 97, 259
ALR 576 29 Drake No 2 (1979) 2 ALD 634 258
Darling Casino Ltd v New South Wales Dranichnikov v Minister for Immigration
Casino Control Authority (1997) 191 and Multicultural Affairs (2003) 197
CLR 602 32, 338 ALR 389 94, 277, 340
xxii TABLE OF CASES


Ferguson v Cole (2002) 121 FCR 402
D™Souza v Royal Australian and New
Zealand College of Psychiatrists (2005) 318
12 VR 42 34, 45“46 Fernando v Minister for Immigration and
Multicultural Affairs [1999] FCA 962
Dunlop v Woollahra Municipal Council
[1975] 2 NSWLR 446 267 248, 251
Fingleton v R (2005) 216 ALR 474 333
Durayappah v Fernando [1967] 2 AC 337
Fish v Solution 6 Holdings Ltd [2006]
266
HCA 22 331, 346, 359, 365, 367
Dyson v Attorney-General [1911] 1 KB
410 371 Fleet v Royal Society for the Prevention of
Cruelty to Animals (NSW) [2005]
E v Secretary of State for the Home
Department [2004] QB 1044 239, NSWSC 926 333
Foley v Padley (1984) 154 CLR 349 230
337, 342
Eaton v Overland (2001) 67 ALD 671 Forbes v New South Wales Trotting Club
Ltd (1979) 143 CLR 242 44, 55, 57
318
Ebner v Official Trustee (2000) 205 CLR Formosa v Secretary, Department of
337 318, 319, 320, 323 Social Security (1988) 46 FCR 117
Edelsten v Wilcox (1988) 83 ALR 99 119
228, 229 Foster v Minister for Customs and Justice
Edge v Pensions Ombudsman [2000] Ch (2000) 200 CLR 442 193
602 35 Fox v Percy (2003) 214 CLR 118 96
Egan v Willis (1998) 195 CLR 424 116, Freeman v Health Insurance Commission
(2004) 141 FCR 129 33
254
Enfield Corporation v Development Freeman v Secretary, Department of
Assessment Commission (2000) 199 Social Security (1988) 19 FCR 342 89
CLR 135 218, 230 Freitas v Permanent Secretary of Ministry
English v Emery Reinbold and Strick Ltd of Agriculture, Fisheries, Lands and
[2002] 1 WLR 2409 172, 181 Housing [1999] 1 AC 69 54
Entick and Carrington (1765) 19 St Tr Friends of Castle Hill Association Inc v
1030 52 Queensland Heritage Council (1993)
81 LGERA 346 164, 170
Environment Protection Authority v
Rashleigh [2005] ACTCA 42 85 Fuduche v Minister for Immigration,
Epeabaka v Minister for Immigration and Local Government and Ethnic Affairs
Multicultural Affairs (1997) 150 ALR (1993) 45 FCR 515 66
397 91, 221 Gamaethige v Minister for Immigration
Esber v Commonwealth (1992) 174 CLR and Multicultural Affairs (2001) 109
430 89 FCR 424 317
Esso Australia Resources Ltd v Gan Insurance v Tai Ping Insurance Co
[2001] All ER (Comm) 299 35
Commissioner of Taxation of the
Commonwealth of Australia (1999) General Manager, WorkCover Authority
201 CLR 49 128 of NSW v Law Society of NSW [2006]
NSWCA 84 125
Expo-Trade Pty Ltd v Minister for Justice
and Customs (20030 134 FCR 189 Gerlach v Clifton Bricks Pty Ltd (2002)
209 CLR 478 19, 217
314
FAI Insurances Ltd v Winneke (1982) 151 Gersten v Minister for Immigration and
CLR 342 19, 151, 266 Multicultural Affairs (2000) 61 ALD
Fardon v Attorney-General (Qld) (2004) 445 125
210 ALR 50 10 Gibson v Mitchell (1928) 41 CLR 275
141
Federal Commissioner of Taxation v
Broken Hill South Ltd (1941) 65 CLR Gillies v Secretary of State for Work and
150 235 Pensions [2005] 1 All ER 731 318
xxiii
TABLE OF CASES


Housing and Community Services
Gouriet v Union of Post Office Workers
(1992) 39 FCR 225 89
[1978] AC 435 163, 371
Hot Holdings Pty Ltd v Creasy (1996) 185
Green v Daniels (1977) 13 ALR 1 258
CLR 149 19, 29, 370
Greyhound Racing Authority (NSW) v
Hot Holdings Pty Ltd v Creasy (2002) 210
Bragg [2003] NSWCA 388 220,
CLR 438 32, 274, 322, 323
224
Griffith University v Tang (2005) 221 Houssein v Under Secretary, Department
CLR 99 57, 176 of Industrial Relations and Technology
(NSW) (1982) 148 CLR 88 357
Grollo v Palmer (1985) 157 CLR 57 8
HTV v Price Commission [1976] ICR 170
Gupta v General Medical Council [2002]
1 WLR 1691 181 284, 287
H Lavender and Son Ltd v Minister of Huang v University of New South Wales
Housing and Local Government [1970] (No 3) [2006] FCA 626 326
1 WLR 1231 255 Huddart Parker and Co Pty Ltd v
Moorehead (1909) 8 CLR 330 7
Hall and Co Ltd v Shoreham-by-the-Sea
Urban District Council [1964] 1 WLR Hughes Aircraft Systems International v
240 228, 229 Airservices Australia (1997) 76 FCR
151 47
Haoucher v Minister for Immigration and
Ethnic Affairs (1990) 169 CLR 648 Hutchinson v RTA [2000] NSWCA 332
32, 48, 267, 308, 309 327
Harris v Australian Broadcasting Independent FM Radio Pty Ltd v
Corporation (1983) 50 ALR 551 123, Australian Broadcasting Tribunal
(1989) 17 ALD 529 222
124, 132
Harris v Lord Shuttleworth [1994] ICR IW v City of Perth (1997) 191 CLR 1
991 35 208“209, 328
Jackson v Attorney-General [2006] 1 AC
Heap, in the matter of an Application for
262 6
Writs of Prohibition, Certiorari and
Mandamus against the Australian Jadwan Pty Ltd v Secretary, Department
of Health and Aged Care (2003) 204
Industrial Relations Commission
[2003] FCAFC 36 327 ALR 55 343
Helena Valley v State Planning Jago v Judges of the District Court of NSW
Commission (1990) 2 WAR 422 164 (1988) 12 NSWLR 558 302
Hill v Green (1999) 48 NSWLR 161 220 Jebb v Repatriation Commission (1988)
Hilton v Wells (1985) 157 CLR 57 8 80 ALR 329 89
Hindi v Minister for Immigration and Jegatheeswaran v Minister for
Ethnic Affairs (1988) 91 ALR 586 Immigration and Multicultural Affairs
[2001] FCA 865 247, 251
191, 194
Hockey v Yelland (1984) 157 CLR 124 Johns v Australian Securities Commission
(1993) 178 CLR 408 375
238, 353, 356
Hoekstra v Lord Advocate [2001] 1 AC Johnson v Johnson (2000) 201 CLR 488
216 325 317, 323, 327
Jones v ACCC [2002] FCA 1054 327
Holani v Department of Immigration and
Ethnic Affairs (1996) 44 ALD 370 Jones v Metropolitan Meat Industry
Board (1925) 37 CLR 252 209
305
Hope v Bathurst City Council (1980) 144 K and S Freighters Lty Ltd v Gordon
CLR 1 236 and Gotch Ltd (1985) 157 CLR 309
Horta v Commonwealth (1994) 181 CLR 62
183 144 Kable v Director of Public Prosecutions
(NSW) (1996) 189 CLR 51 10, 21,
Hospital Benefit Fund of of Western
69, 82, 318
Australia Inc v Minister for Health,
xxiv TABLE OF CASES


Kartinyeri v Commonwealth (1998) 195 Lu v Minister for Immigration and
CLR 337 367 Multicultural and Indigenous
Affairs (2004) 141 FCR 346 242,
Kavvadias v Commonwealth Ombudsman
(1984) 1 FCR 680 89, 110 278
Lustig-Prean v United Kingdom (No 1)
Khan v Minister for Immigration, Local
(2000) 29 EHRR 548 342
Government and Ethnic Affairs (1987)
Luu v Renevier (1989) 91 ALR 39 193,
14 ALD 291 194, 259
Kioa v West (1985) 159 CLR 550 24, 220, 248
M v Home Office [1994] 1 AC 377 372
32, 48, 60, 91, 224, 266, 267, 268,
276, 278, 281, 303, 307, 309, 311, M164/2002 v Minister for Immigration
348 and Multicultural and Indigenous
Affairs [2006] FCAFC 16 276
Kirk Group Holdings Pty Ltd v Workcover
Authority (NSW) [2006] NSWCA 172 Mabo v Queensland (No 2) (1992) 175
CLR 1 64, 302
331
Koowarta v Bjelke-Petersen (1982) 153 Macrae v Attorney-General (NSW)
CLR 168 210 (1987) 9 NSWLR 286 153
Kriticos v State of NSW (1996) 40 Magazzu v Business Licensing Authority
NSWLR 297 356 [2001] VSC 5 327
Kruger v Commonwealth (1997) 190 CLR Mahon v Air New Zealand [1984] AC 808
1 3, 213, 226, 302 91, 241
Kruse v Johnson [1898] 2 QB 91 227, Maltais v Industrial Commission (NSW)
(1986) 14 IR 367 360
283
Laker Airways Ltd v Department of Trade Man O™War Station Ltd v Auckland
[1977] QB 643 149, 201, 283, 287 Council (No 1) [2002] 3 NZLR 577
323
Lange v Australian Broadcasting
Corporation (1997) 189 CLR 520 5, Marbury v Madison 5 US (1 Cranch) 137
(1803) 364
254
Lay Lat v Minister for Immigration and Maritime Union of Australia v Minister
Multicultural Affairs [2006] FCAFC for Transport and Regional Services
61 91 (2000) 175 ALR 411 164, 170
Lazarus Estates Ltd v Beasley (1956) 1 Masu Financial Management Pty Ltd v
QB 702 33 Financial Industry Complaints Services
Ltd (FICS) (No 2) (2005) 23 ACLC
Le v Minister for Immigration and
215 34, 43“45
Multicultural and Indigenous Affairs
(2005) 215 ALR 521 259, 314 Matrix Securities Ltd v Inland Revenue
Commissioners [1994] 1 WLR 334
Lee v Showman™s Guild of Great Britain
[1952] 2 QB 329 45 287
Lees v Comcare (1999) 56 ALD 401 94 McClelland v Burning Palms Life Saving
Club (2002) 191 ALR 759 34
Lim v Minister for Immigration, Local
Government and Ethnic Affairs (1992) McDonald v Director-General of Social
176 CLR 1 63, 303 Security (1984) 6 ALD 6 90, 94,
Little v Commonwealth (1947) 75 CLR 94 224
McGarry v The Queen (2001) 207 CLR
28
Local Government Board v Arlidge [1915] 121 62
AC 120 32, 272 McIlraith v Institute of Chartered
Accountants [2003] NSWSC 208
Locobail (UK) Ltd v Bayfield Properties
Ltd [2000] QB 451 324 179
Lofthouse v Australian Securities and McKinnon v Secretary, Department of
Investments Commission (2004) 82 Treasury [2006] HCA 45 123, 126,
ALD 481 258 132, 342
xxv
TABLE OF CASES


Pashmforoosh (1989) 18 ALD 77
McPhee v Bennett (1935) 52 WN (NSW)
8 235 194, 220
Minister for Immigration and
McWilliam v Civil Aviation Safety
Authority [2004] FCA 1701 139, 297 Multicultural Affairs v Al-Miahi
(2001) 65 ALD 141 31
Metropolitan Fire and Emergency Services
Board v Churchill (1998) 14 VAR 9 Minister for Immigration and
328 Multicultural Affairs v Anthonypillai
(2001) 106 FCR 426 30, 93, 194
Miller v Australian Industrial Relations
Commission (2001) 108 FCR 192 Minister for Immigration and
349 Multicultural Affairs v Applicant C
(2001) 116 FCR 154 246, 251
Mills v Meeking (1990) 169 CLR 214 25
Minister for Immigration and
Minister for Aboriginal Affairs v
Peko-Wallsend Ltd (1986) 162 CLR 24 Multicultural Affairs v Bhardwaj
(2002) 209 CLR 597 11, 332, 334,
19, 94, 185, 186, 187, 188, 190,
338
191“192, 216, 217, 233
Minister for Immigration and
Minister for Arts, Heritage and
Multicultural Affairs v Epeabeka
Environment v Peko-Wallsend Ltd
(1999) 84 FCR 411 30
(1987) 15 FCR 274 228, 268
Minister for Immigration and
Minister for Foreign Affairs v Magno
Multicultural Affairs v Eshetu (1999)
(1992) 112 ALR 529 230
197 CLR 611 30, 90, 94, 242, 331,
Minister for Immigration and Ethnic
Affairs v Guo (1997) 191 CLR 559 335
217, 225 Minister for Immigration and
Multicultural Affairs v Jia (2001) 205
Minister for Immigration and Ethnic
CLR 507 3, 274, 317, 320, 321
Affairs v Petrovski (1997) 73 FCR 303
296 Minister for Immigration and
Multicultural Affairs v Lay Lat [2006]
Minister for Immigration and Ethnic
FCAFC 61 270
Affairs v Pochi (1980) 31 ALR 666
219, 235, 241, 247 Minister for Immigration and
Minister for Immigration and Ethnic Multicultural Affairs v Rajalingam
Affairs v Tagle (1983) 48 ALR 566 (1999) 93 FCR 220 67
194 Minister for Immigration and
Minister for Immigration and Ethnic Multicultural Affairs v Rajamanikkam
Affairs v Teo (1995) 57 FCR 194 (2002) 210 CLR 222 223, 244, 245,
66 248, 250, 251
Minister for Immigration and Ethnic Minister for Immigration and
Affairs v Teoh (1995) 183 CLR 273 Multicultural Affairs v Respondents
S152/2003 (2004) 205 ALR 487
32, 51, 63, 64, 66, 267, 275, 296,
299, 300“305, 308, 309 190
Minister for Immigration and Ethnic Minister for Immigration and
Affairs v Wu Shan Liang (1996) 185 Multicultural Affairs v SZFDE [2006]
CLR 259 22, 30, 50, 95, 175, 184, FCAFC 142 33
223, 349, 361 Minister for Immigration and
Multicultural Affairs v Wang (2003)
Minister for Immigration, Local
215 CLR 508 322
Government and Ethnic Affairs v
Kurtovic (1990) 21 FCR 193 260, Minister for Immigration and
Multicultural Affairs v Yusuf (2001)
295
206 CLR 323 91, 186, 197, 332, 338,
Minister for Immigration, Local
343
Government and Ethnic Affairs v
xxvi TABLE OF CASES


NADR v Minister for Immigration and
Minister for Immigration and
Multicultural and Indigenous Affairs
Multicultural and Indigenous Affairs v
(2002) 124 FCR 465 29
B (2004) 206 ALR 130 330
NAFF v Minister for Immigration and
Minister for Immigration and
Multicultural and Indigenous Affairs
Multicultural and Indigenous Affairs v
(2004) 79 ALJR 397 65
SGLB (2004) 207 ALR 12 218
Nagle v Feilden [1966] 2 QB 633 45
Minister for Immigration and
NAIS v Minister for Immigration and
Multicultural and Indigenous Affairs v
SZFD [2006] FCAFC 53 313 Multicultural and Indigenous Affairs
(2005) 223 ALR 171 263, 272, 274,
Minister for Local Government v South
Sydney Council (2002) 55 NSWSC 277, 316, 341, 343
669 34 NAKF v Minister for Immigration and
Multicultural and Indigenous Affairs
Minister for Resources v Dover Fisheries
(2003) 199 ALR 412 29
Pty Ltd (1993) 116 ALR 54 54
NAQF v Minister for Immigration and
Minister for Arts, Heritage and
Multicultural and Ethnic Affairs
Environment v Peko-Wallsend Ltd
(2003) 130 FCR 456 270
(1987) 15 FCR 274 151
NARV v Minister for Immigration and
Minister of Health v R; Ex parte Yaffe
[1931] AC 494 350 Multicultural and Indigenous Affairs
(2003) 203 ALR 494 278
Mooney v Commissioners of Taxation
(NSW) (1905) 3 CLR 221 336 NATC v Minister for Immigration and
Multicultural and Indigenous Affairs
Moradian v Minister for Immirgration
[2004] FCAFC 52 221
and Multicultural and Indigenous
Affairs (2004) 142 FCR 170 270 Nation v Repatriation Commission (No 2)
(1994) 37 ALD 63 85
Muin v Refugee Review Tribunal (2002)
190 ALR 601 275, 343 National Companies and Securities
Commission v News Corp Ltd (1984)
Municipal Council of Sydney v Campbell
156 CLR 296 328
[1925] AC 338 199, 203
National Registration Authority v Deputy
Murphyores Inc Pty Ltd v Commonwealth
(1976) 136 CLR 1 196 President Barnett (Federal Court of
Australia, unreported, 8 May 1998)
N258/00 v Minister for Immigration and
Multicultural Affairs (2000) 101 FCR 170
478 249 Nationwide News Pty Ltd v Wills (1992)
177 CLR 1 5, 254
NAAP v Minister for Immigration and
NCA (Brisbane) Pty Ltd v Simosin (1986)
Multicultural and Indigenous Affairs
[2002] FCA 805 29 13 FCR 207 258
NAAQ v Minister for Immigration and NEAT Domestic Trading Pty Ltd v AWB Ltd
(2003) 216 CLR 277 34, 43“45, 48,
Multicultural and Indigenous Affairs
[2002] FCAFC 300 29 57, 58, 258, 350
NABE v Minister for Immigration and New South Wales v Commonwealth
(1915) 20 CLR 54 7
Multicultural and Indigenous Affairs
[2004] FCAFC 263 222 New South Wales v Macquarie Bank
(1992) 30 NSWLR 307 230
NACB v Minister for Immigration and
Multicultural and Indigenous Affairs News Corporation Ltd v National
[2003] FCAFC 235 221 Companies and Securities Commission
(1984) 1 FCR 64 13
NADH v Minister for Immigration and
Multicultural and Indigenous Affairs News Ltd v South Sydney District Rugby
[2004] FCAFC 328 220, 221, League Football Club Ltd (2003) 77
ALJR 1515 62
222
xxvii
TABLE OF CASES


Othman v Minister for Immigration,
Ningkan v Government of Malaysia
[1970] AC 379 203“204 Local Government and Ethnic Affairs
(1991) 24 ALD 707 220
Nolan v Development Allowance
Ousley v R (1997) 192 CLR 69 332, 334
Authority (Federal Court, unreported,
4 February 1997) 164 Padfield v Minister of Agriculture,
Fisheries and Food [1968] AC 997 19,
North Australian Aboriginal Legal Aid
Service Inc v Bradley (2002) 192 ALR 174, 197, 217
701 165, 204“205 Paradise Projects Pty Ltd v Gold Coast City
Council [1994] 1 Qd R 314 141
North Coast Environmental Council Inc v
Paragon Finance Plc v Staunton [2002] 2
Minister for Resources (1995) 55 FCR
All ER 248 35
492 164, 165, 166, 168, 170,
171 Parisienne Basket Shoes Pty Ltd v Whyte
(1938) 59 CLR 369 239
North Queensland Conservation Council
Park Oh Ho v Minister for Immigration
Inc v Executive Director, Queensland
and Ethnic Affairs (1989) 167 CLR
Parks and Wildlife Service [2000] QSC
637 199, 375
172 164, 166, 169, 171
Parramatta City Council v Pestell (1972)
Norths Ltd v McCaughan Dyson Capel
Cure Ltd and Ors (1988) 12 ACLR 739 128 CLR 305 53, 227, 230
Pavey and Mathews Pty Ltd v Paul (1987)
34
162 CLR 221 369
NSW Farmer™s Association v Minister for
Primary Industries and Energy (1990) Pearlman v Keepers of Harrow School
21 FCR 332 257 [1979] QB 56 353
Nulyarimma v Thompson [1999] FCA Perder Investments Pty Ltd v Elmer
1192 66 (1991) 23 ALD 545 264
Ogle v Strickland (1987) 13 FCR 306 Perth City v DL (1996) 20 LGERA 178
165, 166, 168, 170 208
Pettitt v Dunkley [1971] 1 NSWLR 376
Old UGC Inc v Industrial Relations
Commission (NSW) [2006] HCA 24 177, 180
331 Pharmacy Guild of Australia v
Onus v Alcoa (1981) 149 CLR 27 Community Pharmacy Authority
(1996) 70 FCR 462 164
161“162, 164, 166, 167,
Phipps v General Medical Council [2006]
168
EWCA Civ 397 172, 180
O™Reilly v Commissioners of the State
Bank of Victoria (1982) 153 CLR 1 Pickin v British Railways Board [1974]
AC 765 364
261, 262, 263
O™Reilly v Mackman [1983] 2 AC 237 Plaintiff S134 v Minister for Immigration
and Multicultural Affairs (2003) 211
337, 371, 372
Oshlack v Richmond River Council (1980) CLR 441 347, 361, 363
193 CLR 72 19 Plaintiff S157/2002 v Commonwealth
(2003) 201 CLR 323 363
Osmanian v Minister for Immigration
and Multicultural Affairs [1997] FCA Plaintiff S157/2002 v Commonwealth
256 361 (2003) 211 CLR 323 350, 363
Osmond v Public Service Board of New Plaintiff S157/2002 v Commonwealth
South Wales [1984] 3 NSWLR 447 (2003) 211 CLR 476 6, 12, 52, 61,
174, 178, 179 163, 197, 214, 265, 277, 300, 331,
O™Sullivan v Farrer (1989) 168 CLR 210 334, 335, 336, 350, 351, 352, 354,
19, 197 376
Polities v Commonwealth (1945) 70 CLR
O™Sullivan v Repatriation Commission
(2003) 128 FCR 28 32 60 302
xxviii TABLE OF CASES


R v Australian Stevedoring Industry
Pollway Nominees Ltd v Croydon LBC
[1987] 1 AC 79 350 Board; Ex parte Melbourne
Stevedoring Co Pty Ltd (1953) 88 CLR
Poplar Housing and Community
100 220, 235, 237, 240
Association Ltd v Donoghue [2002] QB
48 44 R v Board of Inland Revenue; Ex parte
Porter v Magill [2002] 2 AC 357 323 MFK Underwriting Agencies Ltd
[1990] 1 All ER 91 285
Potter v Minahan (1908) 7 CLR 277 26,
61 R v Bolsover District Council; Ex parte
Pepper [2001] LGA 43 34
Powercoal Pty Ltd v Industrial Relations
Commission of NSW (2005) 145 IR R v Bow Street Magistrate; Ex parte
Pinochet (No 1) [2000] 1 AC 61
327 359
319
Prasad v Minister for Immigration and
Ethnic Affairs (1985) 65 ALR 549 R v Bow Street Magistrate; Ex parte
Pinochet (No 2) [2000] 1 AC 119
193
319, 324
Premelal v Minister for Immigration,
R v Broadcasting Tribunal; Ex parte 2HD
Local Government and Ethnic Affairs
Pty Ltd (1979) 144 CLR 45 19
(1993) 41 FCR 117 54
Prisoners AA to XX inclusive (1994) 75 A R v Burgess; Ex parte Henry (1936) 55
Crim R 205 5 CLR 608 210
Prohibitions del Roy (1607) 12 Co. Rep R v Chief Rabbi; Ex parte Wachmann
63 147 [1992] 1 WLR 1036 38
Project Blue Sky Inc v Australian R v City of Whyalla; Ex parte Kittel
Broadcasting Authority (1998) 194 (1979) 20 SASR 386 328
CLR 355 63, 201, 335, 340, 341 R v Civil Service Appeals Board; Ex parte
Cunningham [1991] 4 All ER 310 181
Public Service Association (SA) v
Federated Clerks™ Union (1991) 173 R v Code of Practice of the British
CLR 132 333 Pharmaceutical Industry; Ex parte
Public Service Board of New South Wales Professional Counselling Aids Ltd
v Osmond (1986) 159 CLR 656 172, [1991] 2 All ER 833 37
177, 178, 238 R v Coldham; Ex parte Australian
Workers™ Union (1983) 153 CLR 415
Pulhofer v Hillingdon London Borough
Council [1986] AC 484 242 336
Pullicino v Osborne [1990] VR 881 176, R v Commissioner of Patents; Ex parte
Weiss (1939) 61 CLR 240 339
180
Purcell v Venardos [1996] 1 Qd R 310 R v Commonwealth Court of Conciliation;
Ex parte Whybrow and Co (1910) 11
168
Qantas Airways v Gubbins (1992) 28 CLR 1 353
NSWLR 29 90 R v Connell; Ex parte Hetton Bellbird
Collieries Ltd (1944) 69 CLR 407
Queensland Medical Laboratory v Blewett
(1988) 84 ALR 615 139, 140 349
Queensland Newsagents Federation Ltd v R v Criminal Injuries Compensation
Board; Ex parte A [1999] 2 AC 330
Trade Practices Commission; Ex parte
239, 242
Newsagency Council of Victoria Ltd
(1993) 118 ALR 527 164 R v Deputy Industrial Injuries
Commissioner; Ex parte Moore [1965]
R v Anderson; Ex parte Ipec Air Pty Ltd
(1965) 113 CLR 177 255“256, 263 1 QB 456 219, 235, 241
R v Australian Broadcasting Tribunal; Ex R v Disciplinary Committee of the Jockey
parte 2HD Pty Ltd (1979) 144 CLR 45 Club; Ex parte Aga Khan [1993] 1
WLR 909 36
197
xxix
TABLE OF CASES


R v District Court; Ex parte White (1966) R v Jockey Club; Ex parte RAM
Racecourses Ltd [1993] 2 All ER 225
116 CLR 209 339
48
R v District Court of Queensland Northern
District; Ex parte Thompson (1968) R v Kirby; Ex parte Boilermakers™ Society
of Australia (1956) 94 CLR 254 210,
118 CLR 480 238
366
R v Ditfort; Ex parte Deputy
Commissioner of Taxation (1988) 19 R v Life Assurance Trust Regulatory
FCR 347 19 Organisation Ltd; Ex parte Ross
[1993] QB 17 37
R v Dixon; Ex parte Ridler (1993) 31 ALD
531 170 R v Liverpool Corporation; Ex parte
Liverpool Taxi Fleet Operators™
R v East Sussex County Council, Ex parte
Association [1972] 2 QB 299 283,
Reprotech (Pebsham) Ltd [2003] 1
WLR 348 291, 342 287
R v London Borough of Camden; Ex parte
R v Electricity Commissioners; Ex parte
Hughes [1994] COD 253 34
London Electricity Joint Committee Co
Ltd [1924] 1 KB 171 370 R v Lord Chancellor; Ex parte Witham
[1998] QB 575 26
R v Federal Court of Australia; Ex parte
WA National Football League (1979) R v Ludlow; Ex parte Barnesley
143 CLR 190 377 Corporation [1947] 1 KB 634 236
R v Luskink; Ex parte Shaw (1980) 32
R v Football Association; Ex parte Football
League [1993] 2 All ER 833 36 ALR 47 317
R v Gough [1993] AC 646 322 R v McBain; Ex parte Catholic Bishops
Conference (2002) 209 CLR 372 339
R v Governor of Brixton Prison; Ex parte
Armah [1968] AC 192 239 R v Medical Appeals Tribunal; Ex parte
R v Gray; Ex parte Marsh (1985) 157 CLR Gilmore [1957] 1 QB 574 353, 366
351 346 R v Merton, Sutton and Wandsworth
R v Hickman; Ex parte Fox and Clinton Health Authority; Ex parte Perry
(1945) 70 CLR 598 353, 354, 358, [2001] Lloyds Law Reports Medical
73 287
376
R v Higher Education Funding Council; Ex R v Minister for Immigration and
parte Institute of Dental Surgery Multicultural Affairs; Ex parte
[1994] 1 WLR 242 181 Applicant S20/2002 (2003) 198 ALR
59 338
R v Home Department State Secretary; Ex
parte Khan [1984] 1 WLR 1337 R v Minister of Agriculture, Fisheries and
284 Food; Ex parte Hamble (Offshore
Fisheries Ltd) [1995] 2 All ER 714
R v Hull University Visitor; Ex parte Page
[1993] AC 682 238, 337 285
R v Hurst; Ex parte Smith [1960] 2 QB R v Minister of State for Education and
133 350 Employment; Ex parte Begbie [2000] 1
WLR 1115 288
R v Inland Revenue Commissioners; Ex
parte National Federation of R v Ministry of Defence; Ex parte Smith
[1996] QB 517 342, 426

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