Weekly Immigration Law ReviewEditor: Oliver Jones, Barrister, Four Selborne
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Preview: GST in Property Transactions
with Leila Chalk and Hans Richmond |
| What is the GST treatment in conveyancing transactions and how may it differ under various circumstances? What transactions are subject to GST? What exemptions may apply? How should the GST withholding obligations be included in a contract of sale? What are the consequences of non-compliance? Join Leila Chalk (Managing Partner, Forty Four Degrees, Melbourne) and Hans Richmond (Lawyer, Forty Four Degrees, Melbourne) as they discuss these questions and offer tips for lawyers and conveyancers in this episode of BenchTV.
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Bench TV CPD
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Executive Summary (One Minute Read)
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| Verrill v Minister for Immigration, Citizenship and Multicultural Affairs (FCA) - Tribunal failed to consider an argument that non-revocation of a visa would impact Australian business interests
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| Thompson v Minister for Immigration, Citizenship and Multicultural Affairs (FCA) - Tribunal denied procedural fairness by failing to respond to arguments that the applicant's return to New Zealand would harm his relationship with his son
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| Ramalingaiah v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (FedCFamC2G) - Tribunal erred in holding that sexual infidelity by a sponsoring husband necessarily meant that the applicant and the husband were not mutually committed to a shared life as a married couple to the exclusion of all others
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Preview: Bail Applications
with Wilson Tighe and Tim Rayner |
| In this edition of BenchTV, Wilson Tighe (solicitor) and Tim Rayner (solicitor) discuss bail in NSW including the application of the Bail Act 2013 (NSW) and the process of a bail application in the local court, the district court and the Supreme Court.
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Preview: Intensive Correction Orders
with The Hon. Justice Dina Yehia and Rose Khalilizadeh |
| In this edition of BenchTV, The Honourable Justice Dina Yehia (Justice of the Supreme Court of New South Wales) and Rose Khalilizadeh (barrister) discuss how courts approach the sentencing exercise when dealing with an intensive correction order under section 66 of the Crimes (Sentencing Procedure) Act 1999 (NSW) as well as some practical considerations for practitioners when they are making submissions with respect to intensive correction orders.
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Preview: When a building scheme impacts the land purchaser
with Gregory Sirtes SC and Matthew Townsend |
| A forensic examination of the significance of Randell v Uhl for restrictive covenants and planning permission by barristers Gregory Sirtes SC and Matthew Townsend. The Supreme Court of Victoria decision here made clear the notice necessary for a building scheme to be effective against a purchaser of land.
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Preview: Change to Insolvency Law: High Court Rejects Peak Indebtedness Rule
with Michael Gronow KC and Reegan Grayson Morison |
| In this edition of BenchTV, Michael Gronow KC (barrister) and Reegan Grayson Morison (barrister) discuss the High Court determinations on continuing business relationships and the peak indebtedness rule in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2.
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HABEAS CANEM
Keeping watch
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Summaries With Link (Five Minute Read)
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Verrill v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 802
Federal Court of Australia
Thawley J
Migration - transitional (permanent) visa - visa cancelled after criminal convictions - delegate refused to revoke cancellation - Administrative Appeals Tribunal affirmed - Tribunal failed to consider an argument that non-revocation would have an impact on Australian business interests (the applicant's son's roofing business, for which he intended to work), as required by para 9.4 of Direction 99 - application allowed.
Verrill |
Thompson v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 776
Federal Court of Australia
Halley J
Migration - Special Category (Temporary) visa - visa cancelled after criminal convictions - delegate refused to revoke cancellation - Administrative Appeals Tribunal affirmed - Tribunal denied procedural fairness by failing to respond to substantial, clearly articulated arguments that the applicant's return to New Zealand would harm his relationship with his son - Tribunal had not failed to engage in the ultimate weighing of the considerations in Direction 90 in light of CRNL v Minister [2023] FCAFC 138 and Demir v Minister [2023] FCA 870 - application allowed.
Thompson |
Ramalingaiah v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FedCFamC2G 601
Federal Circuit and Family Court of Australia (Division 2)
Judge Forbes
Migration - partner visa - application pressed after separation from husband after alleged family violence - delegate refused visa - Administrative Appeals Tribunal affirmed - the relevant question was whether, in the period before the relationship ceased by reason of family violence, the applicant and husband were "mutually committed to a shared life as a married couple to the exclusion of all others" - the Tribunal erred in holding that a sponsor's sexual infidelity, or even a sponsor's ongoing sexual relationship with another person if that relationship was not a marriage-like relationship, was necessarily incompatible with the required shared commitment - application allowed.
Ramalingaiah |
| INTERNATIONAL LAW |
Executive Summary and Podcast (One Minute Read)
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| George v Cannell (UKSC) - In the economic tort of malicious falsehood, proof of pecuniary loss is no longer a prerequisite in certain circumstances. However, compensation for injury to feelings or mental distress is unavailable unless there was accompanying actual financial injury |
| Summaries With Link (Five Minute Read) |
George v Cannell [2024] UKSC 19
Supreme Court of the United Kingdom
Lord Hodge DP, Lord Hamblen, Lord Leggatt, Lord Burrows, & Lord Richards
Under the common law, proof of actual financial loss was an essential ingredient of a claim for malicious falsehood. However, by statute, the element of special damage was no longer required if the words published were calculated to cause pecuniary damage regarding trade or business. The Supreme Court found that the word 'special damage' means financial loss. The Court stated that, if the words stated were calculated to cause pecuniary damage, this sets up a presumption that financial loss was caused. However, the presumption does not extend to the amount of the loss. If actual business losses are not shown, then only nominal damages may be recovered. By a 3-2 majority, the Supreme Court would not allow injury for mental distress unless actual losses were established. The Court reasoned that injury to feelings must be consequential on economic damages and if no such damages have been shown, damages for injury to feelings are not available. In dissent, Lords Hamblen and Burrows took the position that, inasmuch as economic losses are no longer required for a successful malicious falsehood claim, it is inconsistent to hold that damages for mental distress are contingent on proof of economic loss.
George |
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Poem for Friday
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Sonnet 50: How heavy Do I Journey On the Way
By William Shakespeare (1564-1616)
How heavy do I journey on the way,
When what I seek, my weary travel’s end,
Doth teach that ease and that repose to say,
‘Thus far the miles are measured from thy friend!’
The beast that bears me, tired with my woe,
Plods dully on, to bear that weight in me,
As if by some instinct the wretch did know
His rider lov’d not speed being made from thee.
The bloody spur cannot provoke him on,
That sometimes anger thrusts into his hide,
Which heavily he answers with a groan,
More sharp to me than spurring to his side;
For that same groan doth put this in my mind,
My grief lies onward, and my joy behind.
William Shakespeare, born 1564, in Stratford-upon-Avon, was the eldest son of John Shakespeare, glovemaker, and Mary Arden. At the age of 18, Shakespeare married Anne Hathaway, pregnant with their first child, and then aged 26. By 1592 Shakespeare’s reputation in London was well established. He was a founding member of the company of actors called The Lord Chamberlain’s Men. Shakespeare wrote two plays a year for the company. Those plays included Macbeth, The Winter’s Tale, and King Lear. The company was later known as The King’s Men, under the patronage of King James I. Shakespeare’s work includes 154 sonnets, published in a quarto in 1609, 6 sonnets written within plays, poetry and 38 plays. Shakespeare is believed to have died at the age of 52 on 23 April 1616. He is buried in the local parish church at Stratford-upon-Avon, Holy Trinity.
Read by Colin McPhillamy, actor and playwright. Colin was born in London to Australian parents. He trained at the Royal Central School of Speech and Drama in London. In the UK he worked in the West End, at the Royal National Theatre for five seasons, and extensively in British regional theatre. In the USA he has appeared on Broadway, Off-Broadway and at regional centres across the country. Colin has acted in Australia, China, New Zealand, and across Europe. Colin is married to Alan Conolly’s cousin Patricia Conolly, the renowned actor and stage actress:
https://en.wikipedia.org/wiki/Patricia_Conolly and
https://trove.nla.gov.au/newspaper/article/47250992.
Sonnet 50 read by Patrick Stewart
https://www.youtube.com/watch?v=-x7Y_KgrKjM |
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