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Higgins Chambers
In Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCA 955, Mortimer J ordered each party bear its own costs of proceedings in which a New Zealand citizen of Australian Aboriginal descent unsuccessfully sought a declaration that he was not an alien for the purposes of section 51(xix) of...
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In 2015 the Abbott government established what it said was a fast-track asylum seeker process to deal with around 30,000 individuals from Afghanistan and other countries and who were not detained in offshore facilities like Manus Island and Nauru. It is called the Independent Assessment Authority (IAA) and its role is to deal with cases...
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Justice Bromberg of the Federal Court today delivered a stunning decision that blows open the duty of care for climate change in Australia. The decision, Sharma v Minister for the Environment [2021] FCA 560, will reverberate for many years to come. The case was brought by a group of eight brave children led by Anjali...
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Facts/Background The High Court delivered orders in Palmer v Western Australia [2021] HCA 5 (‘Palmer’) on 6 November 2020. The highly anticipated reasons for that decision were published 24 February 2021. The court considered whether the Quarantine (Closing the Border) Directions (WA) and/or the authorising legislation were invalid because they impermissibly infringed s 92 of...
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ICJ Queensland is hosting a free webinar on 22 April 2021 at 5.30pm (AEST / GMT+10) on watershed UK decisions holding parent companies potentially liable for harm caused by their subsidiary companies under normal principles for establishing a duty of care. The UK approach contrasts with Australia where parent company liability has largely fallen off...
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Background The High Court’s recent decision in Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 concerned issues of procedural fairness in the delivery of reasons for judgment in Federal Circuit Court proceedings in the migration law context. The first respondent, a citizen of Pakistan, was refused a Protection (Class...
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The decision in Okpabi v Royal Dutch Shell [2021] UKSC 3 (Shell) reads like a bomb that has just exploded in the boardrooms of multinational companies globally. In it, the UK Supreme Court confirmed its watershed decision in Vedanta Resources PLC v Lungowe [2019] UKSC 20, (Vedanta) that: “‘the liability of parent companies in relation...
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In Oakley Coal Action Alliance Inc v New Acland Coal Pty Ltd & Ors [2021] HCA 2 the High Court allowed an appeal against a decision of the Queensland the Court of Appeal that had declined to set aside and remit for rehearing an administrative decision of the Land Court of Queensland found to be...
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The great thing about being a lawyer interested in climate change is that we never run out of things to read. Here is a short list of some recent useful documents, in case you missed them. The United Nations Environment Program has released two important documents comparing what we are doing/promising and what we need...
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Law Council of Australia media release – 7 December 2020 The Law Council of Australia’s 2020 President’s Award has been presented to Queensland barrister, Stephen Keim SC, a champion of human rights in Australia and around the world. The President’s Award is awarded to an individual who has been an “outstanding example to the Australian...
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