Bell, Keane, Gordon JJ
Date: 11 Sep 2018 Case Number: M26/2018
Nauru – Appeal as of right from Supreme Court of Nauru – Refugees – Where Secretary of Department of Justice and Border Control determined appellant not refugee and not owed complementary protection – Where Refugee Status Review Tribunal affirmed Secretary's determination – Where Tribunal made adverse findings as to credibility – Whether error in Tribunal's reasons.
Words and phrases – "appeal", "credibility", "error".
Refugees Convention Act 2012 (Nr).
Convention relating to the Status of Refugees (1951) as modified by the Protocol relating to the Status of Refugees (1967).
Kiefel CJ, Gageler, Nettle JJ
Date: 11 Sep 2018 Case Number: M27/2018
Nauru – Appeal as of right from Supreme Court of Nauru – Refugees – Where Secretary of Department of Justice and Border Control refused application for complementary protection – Where Refugee Status Review Tribunal affirmed Secretary's decision – Where appellant claimed he would be subject to cruel, inhuman or degrading treatment if returned to Sri Lanka – Where basis for claim was that appellant may be remanded in prison if returned to Sri Lanka and prison conditions in Sri Lanka are poor – Whether Tribunal had regard to material before it concerning prison conditions in Sri Lanka – Whether reasons of Tribunal met standard required by s 34(4) of Refugees Convention Act 2012 (Nr).
Words and phrases – "cruel, inhuman or degrading treatment", "duty to give reasons", "prison conditions".
Refugees Convention Act 2012 (Nr) – ss 5(1), 6(1), 34(4).
244 CLR 530
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 5 Oct 2011 Case Number: C2/2011 C3/2011
Constitutional law (Cth) – Duties of excise - Water Resources Act 1998 (ACT) and Water Resources Act 2007 (ACT) imposed licence fees upon first respondent for extracting water from Australian Capital Territory water catchments, and Utilities (Network Facilities Tax) Act 2006 (ACT) imposed charge upon first respondent calculated by reference to route length of its water infrastructure network - First respondent passed on cost of imposts to appellant - Territory- owned Corporations Act 1990 (ACT) provided that first respondent was a "territory-owned corporation" and regulated share ownership, corporate decision- making and corporate borrowing of first respondent - Section 8(1) also provided that first respondent is not "the Territory" only because of its status as a "territory-owned corporation" - Whether first respondent identified with government of Australian Capital Territory - Whether imposts are duties of excise - Whether imposts are financial arrangements internal to government of Australian Capital Territory.
Words and phrases – "compulsory exaction", "duties of excise", "extensive control", "identified with the Territory", "tax".
Constitution – ss 90, 122.
Australian Capital Territory (Self –Government) Act 1988 (Cth), Pts III, IV, VII.
Territory –owned Corporations Act 1990 (ACT), Pts 2, 3, 4, ss 6-8, Sched 4.
French CJ, Hayne, Kiefel, Bell, Gageler, Keane, Nettle JJ
Date: 8 Apr 2015 Case Number: B25/2013
Constitutional law – Constitution, s 99 – Prohibition on Commonwealth, by any law of revenue, giving preference to one State over another – Discrimination – Practical operation of law – Clean Energy Act 2011 (Cth), Clean Energy (Charges – Excise) Act 2011 (Cth), Pt 3, Clean Energy (Charges – Customs) Act 2011 (Cth), Pt 3, and Clean Energy (Unit Shortfall Charge – General) Act 2011 (Cth) established and imposed tax on certain greenhouse gas emissions – Schedule 1 ("JCP") to Clean Energy Regulations 2011 (Cth) provided for reduction of tax liability for emissions generated by certain activities – JCP, Pt 3, Div 48 defined "production of nickel" as an activity – Whether JCP, Pt 3, Div 48 discriminates between States because of differences between States in natural, business or other circumstances – Whether JCP, Pt 3, Div 48 contrary to Constitution, s 99.
Words and phrases – "discrimination", "natural, business or other circumstances", "practical effect", "practical operation", "States or parts of States".
Constitution – s 99.
Clean Energy Regulations 2011 (Cth) – Sched 1, Pt 3, Div 48.
235 CLR 81; 82 ALJR 115; 240 ALR 234
Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Date: 15 Nov 2007 Case Number: M54/2007
Real property – Torrens title – Transfer of mortgage – Separate mortgage and loan agreements – Debts or obligations secured by mortgage – Whether s 62 of the Land Title Act 1994 (Q) ("the Act") operated to vest in transferee of the mortgage the right to recover monies under the loan agreement – Relevance of the historical and legislative purpose of s 62 of the Act – Relevance of connection of the loan to the mortgage – Whether a right to recover monies under the loan agreement was a right "to recover a debt or enforce a liability under the mortgage" within the meaning of s 62(4) of the Act.
Statutes – Interpretation – Meaning of "under the mortgage" in s 62 of the Act – Whether a right to recover a debt or enforce a liability under the mortgage includes a right to recover a debt or enforce a liability secured by the mortgage.
Words and phrases – "under the mortgage".
Land Title Act 1994 (Q) – s 62.
French CJ, Hayne, Kiefel, Bell, Gageler, Keane JJ
Date: 13 May 2015 Case Number: B39/2014
Native title – Native title rights in relation to land – National Security Act 1939 (Cth), s 5(1)(b)(i) provided for making of regulations for securing public safety and defence of Commonwealth and for authorising taking of possession or control, on behalf of Commonwealth, of any property – National Security (General) Regulations 1939 (Cth), reg 54(1) provided that if it appeared to Minister of State for Army to be necessary or expedient to do so in interests of public safety, defence of Commonwealth or efficient prosecution of war, or for maintaining supplies and services essential to life of Commonwealth, Minister could, on behalf of Commonwealth, take possession of any land and give such directions as appeared necessary or expedient in connection with taking possession – Where orders were made under reg 54(1) in relation to land authorising officer to do anything in relation to land that holder of estate in fee simple in land could do and prohibiting all other persons from exercising any right of way over land or any other right relating thereto – Whether orders inconsistent with claimed native title rights and interests – Whether clear and plain legislative intention to extinguish native title rights and interests.
Words and phrases – "clear and plain legislative intention", "exclusive possession", "extinguishment", "inconsistency of rights", "possession".
National Security Act 1939 (Cth) – s 5(1).
National Security (General) Regulations 1939 (Cth) – reg 54.