Catchwords: Constitutional law (Cth) – Freedom of interstate trade, commerce, and intercourse – Where s 56 of Emergency Management Act 2005 (WA) ("EM Act") empowered Minister to declare state of emergency – Where s 67 empowered authorised officer to direct or prohibit movement of persons into emergency area – Where Minister for Emergency Services declared state of emergency in Western Australia in respect of COVID-19 pandemic – Where State Emergency Coordinator issued Quarantine (Closing the Border) Directions (WA) ("Directions") – Where paras 4 and 5 of Directions prohibited persons from entering Western Australia unless exempt traveller – Whether EM Act or Directions impermissibly infringed constitutional limitation in s 92 of Constitution – Whether infringement determined by reference to authorising provisions of EM Act – Whether provisions of EM Act imposed impermissible burden on interstate trade, commerce or intercourse – Whether exercise of power to make Directions raised constitutional question. Words and phrases – "burden", "COVID-19", "differential", "discrimination", "emergency", "emergency management", "freedom of interstate trade, commerce, and intercourse", "hazard", "intercourse", "interstate movement", "plague or epidemic", “protectionist”, "reasonable necessity", "state of emergency", "structured proportionality", "trade and commerce". ...

Catchwords: MIGRATION — appeal from decision to dismiss an application for an order in the nature of certiorari to quash an order of the Federal Circuit Court refusing an application for an extension of time to seek judicial review under s 477(2) of Migration Act 1958 (Cth) — where judgment of the Federal Circuit Court reserved for nearly five years but delay had no operative effect on judgment, whether primary judge erred in failing to find that delay of this magnitude is sufficient to give rise to jurisdictional error — whether jurisdictional error because Federal Circuit Court judge failed to take into account his own delay in deciding he was not satisfied it was necessary in the interests of the administration of justice to make the order ...

Catchwords: ADMINISTRATIVE LAW – appeal from decision of Federal Court of Australia dismissing the appellant’s application for judicial review – where Minister did not waive debt of appellant – whether decision was legally unreasonable – where AHRC recommended compensation – appeal dismissed PRACTICE AND PROCEDURE – where appellant granted leave at first instance to amend originating application to include additional grounds of review – where appellant did not include grounds in originating application – where appellant seeks to raise similar grounds in appeal – where appellant self-represented ...

Catchwords: ADMINISTRATIVE LAW – appeal from decision of Federal Court of Australia dismissing the appellant’s application for judicial review – where Minister entered into payment plan with appellant – whether decision-maker had authority to make the decision – where delegation made under the Public Governance, Performance and Accountability Act 2013 (Cth) – whether decision-maker failed to take into account a relevant consideration – whether decision was legally unreasonable – where matter is subject to inexcusable delay – appeal dismissed PRACTICE AND PROCEDURE – onus of proof – where appellant to prove occurrence of alleged jurisdictional error – where appellant could have delivered notice to admit under r 22.01 of Federal Court Rules 2011 (Cth) – where appellant did not discharge onus of proof ...

Catchwords: CONSTITUTIONAL LAW – judicial power of the Commonwealth – dispute resolution clause (cl 77) in an enterprise agreement made under the Fair Work Act 2009 (Cth) provided for binding arbitration – whether in resolving by arbitration a dispute involving the employer brought pursuant to cl 77, the Fair Work Commission was purporting to exercise judicial power – where employer was not involved in the making of the enterprise agreement but became bound by that agreement by reason of the operation of the transfer of business provisions in Pt 2-8 of the Fair Work Act – distinction between a private arbitration and the exercise of judicial power discussed – whether the source of the authority of the Fair Work Commission to arbitrate was the consent of the disputants or the sovereign power of the Commonwealth – whether only an inter partes agreement made between the disputants could provide the requisite consensual foundation for a private arbitration – whether the requisite consent of the employer was established by its voluntary assumption of the binding force of the enterprise agreement and cl 77 thereof upon the employer taking steps to trigger the transfer of business provisions in Pt 2-8. INDUSTRIAL LAW – s 739 of the Fair Work Act – whether in resolving by arbitration a dispute pursuant to a dispute resolution clause in an enterprise agreement the Fair Work Commission was purporting to exercise judicial power. ...

Catchwords: COSTS – application for lump sum costs by successful respondent in proceedings brought under Fair Work Act 2009 (Cth) – whether applicant instituted proceedings “without reasonable cause” within meaning of s 570(2)(a) of Fair Work Act 2009 (Cth) – where no application for costs made or foreshadowed at or before hearing, whether application should be refused in any event in exercise of Court’s discretion — application dismissed ...

Catchwords: ADMINISTRATIVE LAW - judicial review - Motor Accidents Compensation Act 1999 (NSW), s 62 - application for further assessment - proper officer not to order further assessment unless additional relevant information capable of having a material effect on outcome of previous assessment - further medical opinions covering similar ground to opinions previously considered - further medical opinions accepted to be additional relevant information - whether judicially reviewable error in proper officer’s decision that further medical opinions not capable of having material effect - need for identification of jurisdictional error or error of law on face of record - primary judge erred in finding reviewable error - appeal allowed and decision of proper officer restored ...

Catchwords: APPEAL – breach of development consent –construction certificate part of development consent – drainage line not constructed in location shown on construction certificate plan – construction of construction certificate plan – whether misconstruction – judicial notice – whether common knowledge – refusal of leave to reopen – whether denial of procedural fairness – whether incorrect factual or legal assumption – leave to appeal refused ...