Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – judicial review of decision of the Administrative Appeals Tribunal affirming refusal to grant a protection (class XA) visa – whether tribunal committed jurisdictional error – reasonableness of relocation – whether reasonableness assessed in respect of the appellant or her parents – whether clear particulars given of information that the tribunal considered would be dispositive – whether tribunal failed to consider a material contention – appeal allowed ...

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in finding that a decision of the Immigration Assessment Authority (Authority) was not affected by jurisdictional error – where the Authority did not consider exercising its power under s 473DC of the Migration Act 1958 (Cth) to hear further from the appellant in relation to ethnic persecution claims – where there were difficulties in interpretation – whether the process lacked procedural fairness – whether the Authority failed to apply the test in s 473DD in respect of ‘new information’ – whether the Authority failed to complete the statutory task of review required by s 473CC – appeal dismissed ...

Catchwords: TAXES AND DUTIES – income tax – collection and recovery of tax – where judgment given in favour of Commissioner for recovery of income tax, penalties and interest charges – where appellant asserts that he was denied “right” to be represented by a person with no legal qualifications – where appellant contends Supreme Court has no authority to determine question of tax debt without his consent – where appellant contends taxation laws do not apply to him without his consent – where appellant asserts debt discharged by delivery of self-described “promissory note” – appeal dismissed – no question of principle ...

Catchwords: SUCCESSION – testamentary capacity – weight to be given to conclusory expert medical evidence on the legal issue of whether deceased had testamentary capacity – weight to be given to solicitor’s evidence of practice concerning clients’ execution of wills EVIDENCE – weight to be given to solicitor’s evidence of practice concerning clients’ execution of wills – Connor v Blacktown District Hospital [1971] 1 NSWLR 713 and other authorities referred to ...

Catchwords: NEGLIGENCE – motor vehicle accident – occupants of vehicle participants in joint criminal enterprise to obtain illicit drugs – whether driver owed duty of care to passenger – whether Civil Liability Act 2002 (NSW), s 54 displaced principles in Miller v Miller (2011) 242 CLR 446; [2011] HCA 9 – whether statutory purpose of criminal laws incongruous with driver owing passenger a duty of care – whether passenger complicit in driver’s offences – whether primary judge’s assessment of contributory negligence erroneous ...