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Hunter Valley Developments Pty Ltd V Cohen
Hunter Valley Developments Pty Ltd v Cohen is a 1984 decision of the Federal Court of Australia about the discretion to allow applications for review an administrative decision under section 11 of the Administrative Decisions (Judicial Review) Act 1977 that were made later that the statutory limits allowed. In 1981 Hunter Valley Developments Pty Ltd applied for a " 10BA" tax incentive for creation of a feature-length film. After some correspondence between the parties, the 10BA application was rejected in 1982. In 1984, the company applied for judicial review of the decision. By 1984, the respondent was Barry Cohen, then the Minister of the Department of Home Affairs and Environment. In a decision that aggregated previous case law, Justice Murray Wilcox identified six issues to be considered: * whether the applicant has demonstrated why there was a good reason for the delay in the application and that it was "‘fair and equitable in the circumstances" * whether the applican ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
AustLII
The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to justice through access to legal information. Inception and aims AustLII was established in 1995. Founded as joint program of the University of Technology Sydney and the University of New South Wales law schools, its initial funding was provided by the Australian Research Council. Its public policy purpose is to improve access to justice through access to legal information. Content AustLII content is publicly available legal information. Its primary source information includes legislation, treaties and decisions of courts and tribunals. It also hosts secondary legal materials, including law reform and royal commission reports, as well as legal journals. The AustLII databases include the complete text of all of the decisions of the Hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victorian Civil And Administrative Tribunal
The Victorian Civil and Administrative Tribunal (VCAT) was formed by the ''Victorian Civil and Administrative Tribunal Act'' 1998 in the state of Victoria, Australia. As part of the Victorian Justice system the Tribunal sits 'below' the Magistrates Court in the court hierarchy. However the Tribunal itself is not a court, not possessing any jurisdiction or powers beyond those conferred by statute. VCAT was primarily a forum for litigants-in-person and the participation of lawyers or other legal representatives is not encouraged in some List areas, substantially reducing the cost of litigation. However some of the List areas will by necessity require parties to have some form of representation. VCAT (pronounced ‘vee-cat’) resolves about 90,000 disputes per year and provides Victorians with a low-cost, accessible and independent dispute resolution service, which is deliberately informal and encourages self-representation. Its orders are enforceable by law once they have been regi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Appeals Tribunal
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the ''Administrative Appeals Tribunal Act 1975'' and started operation in 1976. On 1 July 2015, the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal became divisions of the Administrative Appeals Tribunal. In December 2022, Attorney-General Mark Dreyfus announced that the AAT will be abolished and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Queensland
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to hear civil law (common law), civil matters involving claims of more than 750,000; criminal law, criminal matters involving serious offences (including murder and manslaughter); and matters arising under the ''Corporations Act 2001'' (Cth) and cross-vesting legislation. A jury decides whether the defendant is guilt (law), guilty or not guilty. The division also hears all civil matters involving amounts of more than 750,000. A jury may decide these disputes. The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court of Queensland, District Court, the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland. Decisions made by the Supreme Court may ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Federation Press
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of pronoun ''thee'') when followed by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UNSW Faculty Of Law
The Faculty of Law and Justice of the University of New South Wales is a law school situated in Sydney, Australia. It is widely regarded as one of Australia's top law schools. The 2021 QS World University Rankings rank the UNSW Law Faculty 13th in the world, first for undergraduate law in Australia, (with the Melbourne Law School only offering a Juris Doctor sequence) 2nd overall in Australia and 3rd in the Asia-Pacific region, and the 2021 Times Higher Education subject rankings also rank it second in Australia, making it the top ranked law school in New South Wales according to both tables, as well as being the top undergraduate Law school in the country. The Faculty comprises the School of Global and Public Law; the School of Criminal Justice, Law and Society; and the School of Corporate and Private Law. It further comprises 13 affiliated research and specialist legal centres, including a community legal centre, the Kingsford Legal Centre, as well as the Refugee Advice and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Technology Sydney
The University of Technology Sydney (UTS) is a public research university located in Sydney, New South Wales, Australia. Although its origins are said to trace back to the 1830s, the university was founded in its current form in 1988. As of 2021, UTS enrols 45,221 students through its 9 faculties and schools. The university is regarded as one of the world's leading young universities (under 50 years old), ranked 1st in Australia and 11th in the world by the 2021 QS World University Rankings Young Universities. UTS is a founding member of the Australian Technology Network, and is a member of Universities Australia and the Worldwide Universities Network. History The University of Technology Sydney originates from the Sydney Mechanics' School of Arts (the oldest continuously running Mechanics' Institute in Australia), which was established in 1833. In the 1870s, the School formed the Workingman's College, which was later taken over by the NSW government to form, in 1882, the Sy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Department Of Home Affairs And Environment
The Department of Home Affairs and Environment was an Australian government department that existed between November 1980 and December 1984. Scope Information about the department's functions and/or government funding allocation could be found in the Administrative Arrangements Orders, the annual Portfolio Budget Statements and in the Department's annual reports. According to the National Archives of Australia, at its creation, the Department was responsible for: *Constitutional development of the Northern Territory of Australia *Administration of Norfolk Island, the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island, the Coral Sea Islands Territory and the Territory of Ashmore and Cartier Islands *Women's affairs *Support of the arts and letters *National archives *National museums *World expositions *Leisure, including sport, physical fitness and community recreation *Environment and conservation. Structure The Department was an Australian Pub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Wilcox
Murray Rutledge Wilcox, (1937–2018) was an Australian Federal Court Judge, serving from 11 May 1984 until retiring on 2 October 2006. He also served as an additional judge of the Supreme Court of the Australian Capital Territory from 23 April 1983 to 30 September 2006, and Chief Justice of the Industrial Relations Court of Australia between 1994 and his retirement in 2006. (2006 Summer) Bar News: Journal of the NSW Bar Association 93. He may be best remembered for handing down the controversial Noongar Native Title ruling a fortnight before retiring. In October 1993 his book ''An Australian Charter of Rights'' was launched by Michael Kirby. The Australian reported a concomitant "attack" on Australia's human rights laws as inadequate to prevent "discrimination" and a potential "international embarrassment". Wilcox was quoted as saying that "Parliaments and the common law renot doing their jobs". In particular, they did not do enough to extirpate racial and sexual discrimina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister (government)
A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ‘premier’, ‘chief minister’, ‘chancellor’ or other title. In Commonwealth realm jurisdictions which use the Westminster system of government, ministers are usually required to be members of one of the houses of Parliament or legislature, and are usually from the political party that controls a majority in the lower house of the legislature. In other jurisdictions—such as Belgium, Mexico, Netherlands, Philippines, Slovenia, and Nigeria—the holder of a cabinet-level post or other government official is not permitted to be a member of the legislature. Depending on the administrative arrangements in each jurisdiction, ministers are usually heads of a government department and members of the government's ministry, cabinet and p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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