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…
9-11-23 / Sarah Spottiswood, Michael Maynard — Judicial Review & Administrative, Tax
In the decision Vanderstock v Victoria [2023] HCA 30, the High Court held by a narrow 4:3 majority that a tax imposed by Victoria on the use of electrical and hybrid vehicles (EVs) was invalid. The decision is significant because the majority reopened and overruled previous High Court authority to reach…
8-11-22 / Oliver Cook — Banking, Building & Construction, Commercial Equity, Contract, Corporate Insolvency & Bankruptcy, Corporations, Insurance, Judicial Review & Administrative, Land Law & Property, Media & Defamation, Native Title & Cultural Heritage, Professional Negligence, Resources & Energy
Oliver Cook is a contribution author to the LexisNexis publication Court Forms, Precedents and Pleadings Queensland.
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.…
29-4-21 / Scott McLeod KC, Angus O'Brien — Judicial Review & Administrative
The decision in Polaris Pty Ltd v Minister for the Environment [2021] FCA 254 is notable for its consideration of the meaning of the term “likely” in ss 18 and 18A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). As the Court acknowledged in its reasons,…
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