Tag: s 75(v)

Habeas Corpus, Jurisdiction, and Aboriginal-Identifying People in Immigration Detention: McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223

BY JAMES BARRETT

On 11 December 2020 the Full Court of the Federal Court delivered judgment for Mr McHugh. Mr McHugh claimed that he was being held in immigration detention unlawfully despite being Aboriginal, though he could not prove his … Read the rest

Government Under Law: Smethurst v Commissioner of Police

BY JEFF GORDON

Is it consistent with the rule of law that a grave overstep of government power is merely paid for when it can be easily reversed? In Smethurst v Commissioner of Police [2020] HCA 14, the High Court … Read the rest

Resolving some ‘anomalies’ and ‘snares’ in judicial review: Probuild Constructions

BY JANINA BOUGHEY

In 1958 Kenneth Culp Davis said of the common law principles of judicial review of administrative action:

An imaginary system cunningly planned for the evil purpose of thwarting justice and maximising fruitless litigation would copy the major

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