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Appellate Publications

Vanderstock v Victoria: Free Trade and Federalism (2024) 35 (1) Federal Law Review Law Review 13-23

1-5-24 / Sarah Spottiswood — Appellate, Judicial Review & Administrative, Tax

In Vanderstock v Victoria (2023) 98 ALJR 208, a 4-3 majority of the High Court held that a tax imposed by Victoria on the use of electric and hybrid vehicles was invalid. The majority held that the tax was a "duty of excise" which, under section 90 of the 'Constitution',…

The Use and Limits of Statutory Purpose in the Interpretation of Legislation

27-11-23 / Roger Traves KC — Appellate, Banking, Building & Construction, Commercial Equity, Contract, Corporations, Inquiries & Coronial Inquests, Insurance, Judicial Review & Administrative, Land Law & Property, Native Title & Cultural Heritage, Planning & Environment, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy, Sport, Succession, Tax

In his article The Use and Limits of Statutory Purpose in the Interpretation of Legislation, Roger Traves KC considers a framework of approach to statutory construction and the use and limits of statutory purpose. Who should read? Advisory and litigation lawyers across all practice areas. What does the…

‘The Use of Foreign Law by the High Court of Australia’ (2018) 46(2) Federal Law Review 161

1-6-21 / Sarah Spottiswood — Appellate, International, Judicial Review & Administrative

Justices of the High Court of Australia have a broad discretion to follow foreign judicial decisions based on whether they consider a decision to be persuasive. But it is difficult to assess what it is about a foreign decision that makes it likely to be followed by the High Court.…

Appeals: When is a Trial Judge “Wrong”?

19-10-20 / Roger Traves KC, Mohammud Jaamae Hafeez-Baig — Appellate

Roger Traves QC and Mohammud-Jaamae Hafeez-Baig are experienced appellate trial advocates. They were joined by Lord Justice McCombe of the Court of Appeal of England & Wales in a webinar to discuss the diverging approaches taken by the law of Australia and that of England & Wales regarding the jurisdiction…

Appellate Guidance on Pleading Quantum Meruit Claims

1-12-17 / Mohammud Jaamae Hafeez-Baig — Appellate

(2017) 37(11) Proctor 10-11 (with Jordan English)