04 Apr

Posted at 03:04h in FCAFC

Catchwords: MIGRATION ? consideration of whether the Immigration Assessment Authority (the ?IAA?) in reaching its decision in the exercise of its statutory review function relied upon reports and information which were contradicted by, and inconsistent with, other cited reports on material issues relating to safety in the receiving country and in a place of relocation within the receiving country ? consideration of the process of reasoning of the IAA ? consideration of whether the IAA acted upon ?unreliable information? ? consideration of whether the IAA reached a decision affected by legal unreasonableness ? consideration, in that context, of CRI026 v Republic of Nauru (2018) 355 ALR 216 ...

04 Apr

Posted at 03:04h in FCAFC

Catchwords: MIGRATION ? consideration of whether the Immigration Assessment Authority (the ?IAA?) in reaching its decision in the exercise of its statutory review function relied upon reports and information which were contradicted by, and inconsistent with, other cited reports on material issues relating to safety in the receiving country and in a place of relocation within the receiving country ? consideration of the process of reasoning of the IAA ? consideration of whether the IAA acted upon ?unreliable information? ? consideration of whether the IAA reached a decision affected by legal unreasonableness ? consideration, in that context, of CRI026 v Republic of Nauru (2018) 355 ALR 216 ...

04 Apr

Posted at 03:04h in FCAFC

Catchwords: MIGRATION ? consideration of whether the Immigration Assessment Authority (the ?IAA?) in reaching its decision in the exercise of its statutory review function relied upon reports and information which were contradicted by, and inconsistent with, other cited reports on material issues relating to safety in the receiving country and in a place of relocation within the receiving country ? consideration of the process of reasoning of the IAA ? consideration of whether the IAA acted upon ?unreliable information? ? consideration of whether the IAA reached a decision affected by legal unreasonableness ? consideration, in that context, of CRI026 v Republic of Nauru (2018) 355 ALR 216 ...

04 Apr

Posted at 03:04h in FCAFC

Catchwords: MIGRATION ? consideration of whether the Immigration Assessment Authority (the ?IAA?) in reaching its decision in the exercise of its statutory review function relied upon reports and information which were contradicted by, and inconsistent with, other cited reports on material issues relating to safety in the receiving country and in a place of relocation within the receiving country ? consideration of the process of reasoning of the IAA ? consideration of whether the IAA acted upon ?unreliable information? ? consideration of whether the IAA reached a decision affected by legal unreasonableness ? consideration, in that context, of CRI026 v Republic of Nauru (2018) 355 ALR 216 ...

03 Apr

Posted at 03:04h in NSWCA

Catchwords: APPEAL - further evidence - special grounds - whether further evidence relevant to appeal confined to question of law - whether further evidence not obtainable with reasonable diligence - Supreme Court Act 1970 (NSW), s 75A(8) WORKERS COMPENSATION - appeal from Workers Compensation Commission constituted by President - appeal confined to question of law - whether President erred in disregarding evidence of psychiatrist - distinction between identifying meaning of expert report and evaluating evidence - whether predisposition to bipolar disorder itself a disease which could be aggravated, accelerated, exacerbated or deteriorated during employment - definition of injury in (former) s 4(b)(ii) of Workers Compensation Act 1987 (NSW), considered ...

02 Apr

Posted at 03:04h in NSWCA

Catchwords: CIVIL PROCEDURE ? Court of Appeal ? Leave to appeal ? whether appeal incompetent ? notice of appeal ? application filed out of time ? where no application has been made for an extension of time or explanation given ? no evidence appeal involves matter at issue of value of $100,000 or more DEFAMATION ? whether denial of procedural fairness ? whether conclusions open to be drawn by primary judge in absence of cross-examination ? whether appellant had adequate opportunity to explain his position ? where trial judge did not notify the appellant of her doubts concerning his evidence DEFAMATION ? Defences ? honest opinion ? whether defamatory matter was statement of fact or opinion/comment ? where matters of opinion intermingled with statements of fact ? whether defamatory matter or defamatory meaning as found focus of inquiry DEFAMATION ? Defences ? honest opinion ? whether fairness or honesty of comment must be responsive to the defamatory meaning as found or the defamatory matter ? whether comment or opinion based on proper material DEFAMATION ? Defences ? fair report ? whether defamatory matter a fair report where it is a substantially accurate report in fact ? where not a substantially accurate report of the meaning conveyed by the report DEFAMATION ? Defences ? statutory qualified privilege ? whether failure to seek comment from the appellant was not reasonable ? where Royal Commission proceedings were a matter of public interest ? where evidence of the appellant was ongoing ? where appellant contacted through a conduit and published a statement in same publication as appeared the defamatory matter ...