| Alqudsi v Commonwealth of Australia; Alqudsi v R (NSWCA) - constitutional law - external affairs power - provisions of Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) validly enacted pursuant to s51(xxix) of the Constitution - appeal dismissed |
| New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (NSWCA) - Aboriginal land rights - rejection of claim in respect of two parcels of land on basis of lawful occupation and use by Corrective Services NSW - appeal dismissed |
| Regional Development Australia Murraylands and Riverland Inc v Smith (SASCFC) - contract - repudiation of employment contract - failure to mitigate loss - appeal against award of damages allowed |
| |
|
|
|
| ANZIIF General Insurance Breakfast |
|
| Now in its 27th year, the ANZIIF General Insurance Breakfast brings together a panel of insurance experts to speak about where the market is today and the future of the industry. |
|
|
|
|
|
| Summaries With Link (Five Minute Read) |
Alqudsi v Commonwealth of Australia; Alqudsi v R [2015] NSWCA 351
Court of Appeal of New South Wales
Basten & Leeming JJA; McCallum J
Constitutional law - applicant charged with offences under s7(1)(e) Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) alleging performance of services for another named individual with intention of supporting or promoting that person’s entry into Syria with intent to engage in armed hostilities - applicant changed constitutional validity of provisions - Commonwealth provisions contended provisions validly enacted pursuant to 51(xxix) of the Constitution being “laws for the peace, order, and good government of the Commonwealth with respect to … external affairs”. - whether power to legislate with respect to external affairs sustained s7(1)(e) of the Act - held: primary judge correct to conclude s7(1)(e) in its application to s6(1)(a) read with s6(3)(aa) was law with respect to geographically external affairs because it criminalised conduct intended to support or promote persons entering foreign countries with hostile intent - appeal dismissed. .
Alqudsi
|
New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2015] NSWCA 349
Court of Appeal of New South Wales
Beazley P; Macfarlan & Leeming JJA
Aboriginal land rights - appellant lodged claim in respect of two adjacent parcels of Crown land pursuant to s36 Aboriginal Land Rights Act 1983 (NSW) - claimed land subject to three dedications made under predecessors of Crown Lands Act 1989 (NSW) - Minister rejected appellant’s claim on basis land lawfully used and occupied by Corrective Services NSW (CSNSW) - primary judge rejected appeal - held: ground of appeal in relation to evidential burden and erroneous findings of fact failed - primary judge correct in approach to assessing whether there was occupation in fact - primary judge’s failure to address buildings erected on claimed land individually when that submission not raised at trial was not an error of law - s2 New South Wales Constitution Act 1855 (18 & 19 Vict c 54) did entail statutory authorisation required in order for occupation of Crown land to be lawful and did not abrogate Crown prerogative power - appeal dismissed.
New South Wales Aboriginal Land Council
|
Regional Development Australia Murraylands and Riverland Inc v Smith [2015] SASCFC 160
Full Court of the Supreme Court of South Australia
Gray, Sulan & Nicholson JJ
Contract - employment dispute - primary judge found respondent entitled to damages following repudiation of his fixed term employment contract as employer’s CEO - before contract due to expire employer amalgamated with board to form appellant - position of CEO abolished - respondent had sued appellant for damages on basis that liability for repudiation by employer had transferred to appellant under 22(6) Associations Incorporation Act 1985 (SA) - appellant contended contract had been frustrated or appellant failed to mitigate his loss - held: contract had not been frustrated - primary judge correct to find liability for damages following repudiation -respondent unreasonably failed to accept position which appellant offered and thereby failed to mitigate loss - if respondent had accepted alternate position, loss claimed and awarded by primary judge would have been eliminated - appeal allowed.
Regional
|
