JSB171 Lecture Notes - Lecture 1: Larceny, Regulation 17, Nsw Law Reports
Document Summary
Judiciary act 1903 (cth) s43(1: the high court"s original jurisdiction, as given to it by the constitution, can"t be restricted or removed: r v hickman (1945) 70 clr 598; s75(v) constitution. Migration act first hearing was a nullity as a failure to exercise jurisdiction as didn"t act with procedural fairness: misinterpretation based on misunderstanding can be failure to exercise jurisdiction: Eshetu (1999) (rrt decision) per gummow j. Re mimia; ex parte applicant s20/2002 (2003: whether fact a statutory precondition to jurisdiction a question of statutory interpretation whether distinct objective preliminary fact part of decision-making process: timbarra. Lwb335 administrative law: inadequacy of information not determinative, but may be a major step along the way to determining that they have not satisfied jurisdictional fact: r v australian stevedoring. Even where a decision-maker had jurisdiction initially, it might, nevertheless, subsequently exceed that jurisdiction by making serious errors of law in the process of coming to a decision: anisminic ltd v.
