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Into which category does this case fall based on its content? certain laws have been held to fall outside s 51(xxxi) and within another supporting head of power. examples include laws which impose a fine or penalty or laws effecting or authorising seizure of the property of enemy aliens or the condemnation of prize. t...	Mutual Pools and Staff Pty Ltd v The Commonwealth CA 9
Into which category does this case fall based on its content? since australian softwood forest pty ltd v attorney-general (nsw ) ca 49 ; (1981) 148 clr 121, esp at 125, the courts have recognised that the grant of declaratory relief on the application of a statutory body such as asic may serve important law enforcemen...	Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc
Into which category does this case fall based on its content? ordinarily that discretion will be exercised so that costs follow the event and are awarded on a party and party basis. a departure from normal practice to award indemnity costs requires some special or unusual feature in the case: alpine hardwood (aust) pt...	Colgate Palmolive Co v Cussons Pty Ltd
Into which category does this case fall based on its content? no stay is sought if the first and third applicants fail to provide the security. rather, if i were to order that security be provided, the applicants contend that the notice of motion should be adjourned to the day after the security is required to be prov...	Bell Wholesale Co Pty Ltd v Gates Export Corporation
Into which category does this case fall based on its content? mr spencer also drew attention to a similar statement of principle by mchugh j in re minister for immigration and ethnic affairs; ex parte lai qin ca 6 ; (1997) 186 clr 622 at 626. 19 mr spencer argued that he had at all times acted reasonably in relation t...	Re Minister for Immigration and Ethnic Affairs
Into which category does this case fall based on its content? it was not suggested in this proceeding that, so far as a commonwealth revenue debt is concerned, there is any express statutory provision which alters the usual position which prevails as between creditor and debtor when a cheque is given in payment of a d...	National Australia Bank v KDS Construction Services Pty Ltd CA 65
Into which category does this case fall based on its content? there are two matters requiring consideration before it can be held that s 33(3) applies to s 21r. the first matter is whether an appointment made under s 21r of the act is an "instrument" within the meaning of s 33(3). in x v australian crime commission ca...	X v Australian Crime Commission CA 1475
Into which category does this case fall based on its content? strictly speaking, a cheque, even a bank cheque, is not a form of legal tender. subject to some particular contractual or statutory provision, the only forms of legal tender remain australian notes or, subject to the limits specified, australian coins see s...	George v Cluning
Into which category does this case fall based on its content? mr spencer submitted that he had sought on a number of occasions to suggest a reasonable basis upon which this proceeding could be settled, and that the accc had acted unreasonably in refusing to engage with him. he referred to australian securities commiss...	Australian Securities Commission v Aust-Home Investments Limited
Into which category does this case fall based on its content? the second matter is whether the act confers a power to make, grant or issue such an instrument or merely confers a power on the minister to make a decision which is to be evidenced in writing: see laurence v chief of navy ca 1535 ; (2004) 139 fcr 555. in t...	Laurence v Chief of Navy CA 1535
Into which category does this case fall based on its content? the general principles governing the exercise of the discretion to award indemnity costs after rejection by an unsuccessful party of a so called calderbank letter were set out in the judgment of the full court in black v lipovac ca 699 ; (1998) 217 alr 386....	Dais Studio Pty Ltd v Bullett Creative Pty Lt
Into which category does this case fall based on its content? it is presently important to emphasise, as hayne j did in minister for immigration and multicultural affairs v jia legeng ca 17 ; (2001) 205 clr 507 at [184] that the development and application of the test of reasonable apprehension avoids the need for a c...	Minister for Immigration and Multicultural Affairs v Jia Legeng CA 17
Into which category does this case fall based on its content? the circumstances in which the court may make orders under s 1323(1) are wide as indicated by the words 'necessary or desirable... for the purpose of protecting the interests of a person...'. there is an element of risk assessment and risk management in the...	Corporate Affairs Commission v ASC Timber Pty Ltd
Into which category does this case fall based on its content? first, in my opinion, to relitigate the events of 27 march 2006 is an abuse of process and the pursuit of the claim for unlawful discrimination would involve a relitigation of the events of 27 march 2006. the court has a wide jurisdiction to protect a party...	Coffey v Secretary, Department of Social Security CA 375
Into which category does this case fall based on its content? save and except for the alleged breaches of the deed of settlement (see the earlier judgment at [15]), all the causes of action in the present proceeding are different from those advanced in the earlier proceeding. nevertheless, all the causes of action are...	Port of Melbourne Authority v Anshun Pty Ltd CA 45
Into which category does this case fall based on its content? none of this is to suggest that the deputy commissioner was under any obligation to accept the proffered cheque. when the history of ganter's endeavours to pay the debt after the filing of the winding up application is recalled and that the company was, by ...	Deputy Commissioner of Taxation v Visidet Pty Ltd
Into which category does this case fall based on its content? no stay is sought if the first and third applicants fail to provide the security. rather, if i were to order that security be provided, the applicants contend that the notice of motion should be adjourned to the day after the security is required to be prov...	James v Australia and New Zealand Banking Group Ltd
Into which category does this case fall based on its content? numerous cases have held that s 911a of the act extends to a company director who conducts or is involved in a company's carrying on of a financial services business without an australian financial services licence: see australian securities and investments...	Australian Securities and Investments Commission v Manito Pty Ltd
Into which category does this case fall based on its content? claims must be determined in a practical and common sense manner: nesbit v impro at 95; minnesota mining at 274. in cleveland graphite bronze co v glacier metal co ltd (1950) 67 rpc 149 at 154 it was said that the claims must be as precise "as the subject a...	Collector of Customs v Pozzolanic Enterprises Pty Ltd CA 322
Into which category does this case fall based on its content? the operation of s 80(1) of the tpa was canvassed by the full court of this court in ici australia operations pty ltd v trade practices commission (1992) 38 fcr 248 (" ici "). lockhart j described s 80(1) as a public interest provision which attracts specia...	ICI Australia Operations Pty Ltd v Trade Practices Commission
Into which category does this case fall based on its content? i accept that the making of a rolled up offer inclusive of costs and interest may detract from the weight to be given to its refusal in the exercise of the discretion. finn j referred to authorities on the point in gec marconi systems pty ltd v bhp informat...	GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd CA 688
Into which category does this case fall based on its content? mr gargan also argued that he had an entitlement to the issue of orders in the nature of mandamus against the official trustee. there may be a question in my mind as to whether that kind of right is a right which would vest, or would be property which is ca...	Daemar v Industrial Commission
Into which category does this case fall based on its content? the assumption is without foundation. i refused interlocutory relief on 10 february 2005; see ca 79. leave to appeal from my judgment was refused by hely j on 3 may 2005; see ca 541. The legal case is titled:	Lawrance v Administrative Appeals Tribunal
Into which category does this case fall based on its content? it may be accepted as a general statement of principle that if directions are given by a court or tribunal that have the effect of fettering cross-examination so that a witness's evidence on relevant issues cannot be properly tested, there is a denial of pr...	Australian Postal Commission v Hayes
Into which category does this case fall based on its content? i should indicate that even if i came to the conclusion that there was a failure to adhere to a requirement of consultation with a local aboriginal community prior to suspension or removal, i would not consider that such failure would vitiate the decision t...	Bond v WorkCover Corporation
Into which category does this case fall based on its content? the applicants relied upon the decisions in nguyen v minister for health and ageing ca 1241 and registrar for liquor licences v iliadis (1988) 19 fcr 311 in support of the proposition that an implied power to revoke or suspend an appointment should not be c...	Nguyen v Minister for Health and Ageing
Into which category does this case fall based on its content? numerous cases have held that s 911a of the act extends to a company director who conducts or is involved in a company's carrying on of a financial services business without an australian financial services licence: see australian securities and investments...	Australian Securities and Investments Commission v Drury Management Pty Lt
Into which category does this case fall based on its content? in xyz v the commonwealth ca 25 ; (2006) 80 aljr 1036 the high court considered the validity of provisions of the crimes act 1914 (cth) which made it an offence for a person defined as an australian citizen or a resident of australia while outside australia...	XYZ v The Commonwealth CA 25
Into which category does this case fall based on its content? in re director of public prosecutions; ex parte lawler (1994) 179 clr 271, deane and gaudron jj said (at 285): 'it is not necessary to repeat what we say in mutual pools with respect to the effect of the words "for any purpose in respect of which the parlia...	Theophanous v Commonwealth of Australia CA 18
Into which category does this case fall based on its content? matters of policy and implementation of policy (including change in qualifications for appointment), and the views of the victorian community or the respondent's perception about those views, are ones which the respondent, upon which a discretionary power h...	South Australia v O'Shea CA 39
Into which category does this case fall based on its content? no stay is sought if the first and third applicants fail to provide the security. rather, if i were to order that security be provided, the applicants contend that the notice of motion should be adjourned to the day after the security is required to be prov...	State of Queensland v JL Holdings Pty Ltd CA 1
Into which category does this case fall based on its content? my own view is that s 21r confers a power to appoint, not a power to make, grant or issue any instrument. section 21r does not talk in terms of the relevant act (the appointment) being made "by" or "pursuant to" any form of writing, but confers a power to m...	Edenmead Pty Ltd v Commonwealth
Into which category does this case fall based on its content? the operation of s 80(1) of the tpa was canvassed by the full court of this court in ici australia operations pty ltd v trade practices commission (1992) 38 fcr 248 (" ici "). lockhart j described s 80(1) as a public interest provision which attracts specia...	Mikasa (NSW) Pty Ltd v Festival Stores CA 69
Into which category does this case fall based on its content? while judges of the high court have questioned the actual suitability to private and non-curial proceedings, of the test for reasonably apprehended bias that has evolved in curial settings: see re refugee review tribunal; ex parte h ca 28 ; (2001) 179 alr 4...	Re Refugee Review Tribunal
Into which category does this case fall based on its content? it is not a necessary consequence of an order appointing a receiver that the receiver should deal with or liquidate the assets in question. the interlocutory and protective character of orders made under s 1323 must be borne in mind when defining the powers...	ASIC v Burke S
Into which category does this case fall based on its content? insofar as the argument is advanced based upon s 13 of the crimes act 1914 (cth), that is, on the common informer provisions, i respectfully adopt what was said by hely j in commonwealth bank of australia v gargan ca 707 ; (2004) 140 fcr 1, where his honour...	Commonwealth Bank of Australia v Gargan CA 707
Into which category does this case fall based on its content? in light of the delegate's decision adverse to mr islam which, seemingly, relied upon the 1 may 2008 charge in relation to the likelihood of re-offending. mr islam ought have expected that that charge would be an issue arising in the tribunal that was poten...	SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs CA 63
Into which category does this case fall based on its content? an alternative ground for the conclusion that i should not disqualify myself from hearing the present application on the ground of apparent bias is this. the test for apparent bias is well-known and it is "whether a fair-minded lay observer might reasonably...	Sydney Refractive Surgery Centre Pty Ltd v Federal Commissioner of Taxation
Into which category does this case fall based on its content? hexal australia pty ltd v roche therapeutics inc (2005) 66 ipr 325, the likelihood of irreparable harm was regarded by stone j as, indeed, a separate element that had to be established by an applicant for an interlocutory injunction. her honour cited the we...	Castlemaine Tooheys Ltd v South Australia CA 58
Into which category does this case fall based on its content? as i understood his submissions, the central proposition was that whilst he accepted he had consented to the making of the sequestration order in 1994, he had done so in circumstances where he was naïve about the operation of the legal system. his admi...	Re Gargan
Into which category does this case fall based on its content? the applicant lodged an appeal against the order i made dismissing the proceeding but, on 4 december 2007, the full court of this court dismissed the appeal and ordered that the appellant in the appeal pay the respondent's costs thereof: rana v university o...	Rana v University of South Australia C
Into which category does this case fall based on its content? it is implicit in merkel j's judgment that an injunction under s 80 may extend beyond the specific conduct proven to constitute a contravention by s 80 and may, in appropriate cases, extend to conduct of the same kind or class. there must, however, be a suf...	ACCC v Real Estate Institute (WA) CA 1387
Into which category does this case fall based on its content? gmca submitted that both patents were but an "attempt to re-design a known tool so as to achieve impermissibly, a patent monopoly over what is really a marketing idea". the alleged invention, so the argument went, citing maugham j in adelmann & ham boil...	Adelmann &amp
Into which category does this case fall based on its content? in kioa, it was also made clear that an applicant entitled to natural justice is entitled to be told of adverse information obtained by the decision-maker from third parties and which he or she proposes to take into account and to be given the opportunity t...	Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd
Into which category does this case fall based on its content? in light of the delegate's decision adverse to mr islam which, seemingly, relied upon the 1 may 2008 charge in relation to the likelihood of re-offending. mr islam ought have expected that that charge would be an issue arising in the tribunal that was poten...	Kioa v West CA 81
Into which category does this case fall based on its content? comcare v etheridge and others cafc 27 ; (2006) 149 fcr 522 at 527 the full court considered the nature of an appeal under s 44(1) of the aat act and determined that an appeal 'on a question of law' is narrower than an appeal 'that merely involves a questio...	Birdseye v Australian Securities and Investments Commission CAFC 232
Into which category does this case fall based on its content? it is not in dispute that gmca has offered for sale and sold in australia two allegedly infringing products, referred to in this case as t1 and t2. black & decker has to show that the gmca products take each and every essential integer of the claims rel...	Nicaro Holdings Pty ltd v Martin Engineering Co
Into which category does this case fall based on its content? the applicant contends that the act does not apply to her and therefore the divestiture order is invalid because s 4(6)(a) is not a valid law of the federal parliament. in the alternative the applicant contends that if it is a valid law, nevertheless, the p...	Associated Provincial Picture Houses Ltd v Wednesbury Corporation WCA Civ 1
Into which category does this case fall based on its content? claims must be construed in a practical, common sense manner, and are valid so long as they provide a workable standard suitable to the intended use: minnesota mining & manufacturing co v beiersdorf (aust) ltd ca 9 ; (1980) 144 clr 253 at 273; nesbit ev...	Minnesota Mining &amp
Into which category does this case fall based on its content? that operation of s 153b was confirmed by flick j in this court in samootin v wagner ca 1066 at [32] and [33]. his honour applied what had fallen from carr, finn and sundberg jj in heinrich v commonwealth bank of australia cafc 315 at [20] : the court must ...	Samootin v Wagner
Into which category does this case fall based on its content? ordinarily that discretion will be exercised so that costs follow the event and are awarded on a party and party basis. a departure from normal practice to award indemnity costs requires some special or unusual feature in the case: alpine hardwood (aust) pt...	Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd (No 2) CA 224
Into which category does this case fall based on its content? the authorities most immediately relevant in a factual setting such as the present on the applicant's contentions are r v eastman (1994) 121 flr 150 and r v george (1987) 9 nswlr 527. in each case, at some time prior to the criminal proceedings in question,...	R v George
Into which category does this case fall based on its content? the true position is that the applicant's status as a creditor at the time when the application was made and the presumption flowing from the company's failure to comply with the terms of a statutory demand are sufficient to give the court jurisdiction to o...	Deputy Commissioner of Taxation v Guy Holdings Pty Ltd ASSC 126
Into which category does this case fall based on its content? i also agree with the respondent's second submission that in any event the degree of impairment of the applicant's rights with respect to the property is insufficient to attract the operation of s 51(xxxi). in waterhouse v minister for the arts and territor...	Smith v ANL Ltd CA 58
Into which category does this case fall based on its content? in those circumstances, it is not strictly necessary for me to consider the respondent's alternative submission that in 2004 there was an acquisition within s 21a(4) when the applicant's former husband transferred his interest in the property to the applica...	Burton v Mayor etc of London Borough of Camden KHL 8
Into which category does this case fall based on its content? allsop j applied this principle in navarrete v minister for immigration and multicultural and indigenous affairs ca 1723. The legal case is titled:	Navarrete v Minister for Immigration and Multicultural and Indigenous Affairs
Into which category does this case fall based on its content? it is unnecessary to refer separately here to the applicable principles other than to note, as i do below, the applicant's primary reliance on the decision of the high court in applicant veal of 2002 v minister for immigration and multicultural and indigeno...	Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs CA 72
Into which category does this case fall based on its content? first, in my opinion, to relitigate the events of 27 march 2006 is an abuse of process and the pursuit of the claim for unlawful discrimination would involve a relitigation of the events of 27 march 2006. the court has a wide jurisdiction to protect a party...	Walton v Gardiner CA 77
Into which category does this case fall based on its content? a narrower view of the aliens power has been taken on occasion (see gaudron j in chu kheng lim v minister for immigration, local government and ethnic affairs ca 64 ; (1992) 176 clr 1 at 57) but i am satisfied that the views expressed by brennan j in cunlif...	Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs CA 64
Into which category does this case fall based on its content? in ainsworth v criminal justice commission ca 10 ; (1992) 175 clr 564, at 581-582, mason cj, dawson, toohey and gaudron jj said that superior courts have inherent power to grant declaratory relief. their honours added that it is a discretionary power which ...	Ainsworth v Criminal Justice Commission CA 10
Into which category does this case fall based on its content? a natural person may be a citizen of australia or a non-citizen. in the case of a natural person who is a citizen, there is no definition in the act of'resident' or 'ordinarily'. there are a large number of cases which have examined the meaning of those wor...	Vassis, Re
Into which category does this case fall based on its content? section 1324 permits the court to grant an injunction "on such terms as the court thinks appropriate". these words echo the concluding words of s 80(1) of the trade practices act 1974 ("tpa") which state that the court may grant an injunction in such terms ...	OD Transport Pty Ltd v WA Government Railways Commission
Into which category does this case fall based on its content? no stay is sought if the first and third applicants fail to provide the security. rather, if i were to order that security be provided, the applicants contend that the notice of motion should be adjourned to the day after the security is required to be prov...	Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd
Into which category does this case fall based on its content? the applicant submits that the question whether the treasurer is satisfied that an acquisition is contrary to the national interest is a jurisdictional fact and that it is not made out if the matters the treasurer took into account do not support a reasonab...	Patterson, Re
Into which category does this case fall based on its content? is plain that, where an order is set aside, and a matter is remitted to the tribunal for reconsideration, there is nothing on which any issue estoppel can be founded: morales v minister for immigration and multicultural affairs ca 334 ; (1998) 82 fcr 374 ; ...	Minister for Immigration and Multicultural Affairs v Wang
Into which category does this case fall based on its content? none of this is to suggest that the deputy commissioner was under any obligation to accept the proffered cheque. when the history of ganter's endeavours to pay the debt after the filing of the winding up application is recalled and that the company was, by ...	Australian Mid-Eastern Club Limited v Yassim
Into which category does this case fall based on its content? first, in my opinion, to relitigate the events of 27 march 2006 is an abuse of process and the pursuit of the claim for unlawful discrimination would involve a relitigation of the events of 27 march 2006. the court has a wide jurisdiction to protect a party...	SZAJB v Minister for Immigration and Citizenship
Into which category does this case fall based on its content? the trial of the earlier proceeding was held on 5 and 6 october 2006. on 31 may 2007, i made an order that the proceeding be dismissed and i delivered reasons for judgment: rana v university of south australia ca 816. i will refer to those reasons as the ea...	Rana v University of South Australia
Into which category does this case fall based on its content? i am not prepared to infer that the respondent was not in fact satisfied that the acquisition is contrary to the national interest. in the notice of the order dated 23 february 2005 ([7] above) the respondent states that he is satisfied that the acquisition...	Conwest Global Communications Corporation v Treasurer of the Commonwealth of Australia
Into which category does this case fall based on its content? on this basis, the response of the respondent to the letters of ms nicholson-brown's solicitors was appropriate and adequate. the respondent replied to the complaints of ms nicholson-brown by reference to the policy decision, and did not bring into consider...	Dennis Willcox Pty Ltd v Commissioner of Taxation
Into which category does this case fall based on its content? submission of santos, delhi petroleum and the state that the application has no reasonable prospects of success is, in summary: (a) the applicants do not seek a determination of native title in the present proceeding; (b) the definition of "future act" in s...	The Lardil Peoples v Queensland CA 414
Into which category does this case fall based on its content? in cunliffe v the commonwealth ca 44 ; (1994) 182 clr 272 (at 315-316) brennan j (as he then was) made the following observations as to the aliens power (at 315-316) (footnotes omitted): 'the power to make laws with respect to aliens, unlike the majority of...	Cunliffe v The Commonwealth CA 44
Into which category does this case fall based on its content? in accc v z-tek computer pty ltd (1997) 78 fcr 197 at 202 at [d]-[e], after referring to these passages in ici, merkel j said: "the width of the power conferred by s 80 and its public interest character obviously give the court great amplitude in determinin...	ACCC v Z-Tek Computer Pty Ltd
Into which category does this case fall based on its content? in polyaire pty ltd v k-aire pty ltd ca 32 ; (2005) 221 clr 287 the high court considered the concept of fraudulent imitation under the 1906 act. their honours held (at [36]) that in order to find a fraudulent imitation it was not necessary to show that the...	Polyaire Pty Ltd v K-Aire Pty Ltd CA 32
Into which category does this case fall based on its content? my own view is that s 21r confers a power to appoint, not a power to make, grant or issue any instrument. section 21r does not talk in terms of the relevant act (the appointment) being made "by" or "pursuant to" any form of writing, but confers a power to m...	Re Brian Lawlor Automotive Pty Ltd and Collector of Customs
Into which category does this case fall based on its content? insofar as the argument is advanced based upon s 13 of the crimes act 1914 (cth), that is, on the common informer provisions, i respectfully adopt what was said by hely j in commonwealth bank of australia v gargan ca 707 ; (2004) 140 fcr 1, where his honour...	Gargan v Scott
Into which category does this case fall based on its content? however, s 127(1) is not mandatory. section 127(4) provides that the section does not limit the ways in which a company may execute a document (including a deed). as to authority to execute, persons dealing with bda, including bdi, were entitled to assume t...	Royal British Bank v Turquand (1856) 6 E &amp
Into which category does this case fall based on its content? i also agree with the respondent's second submission that in any event the degree of impairment of the applicant's rights with respect to the property is insufficient to attract the operation of s 51(xxxi). in waterhouse v minister for the arts and territor...	Waterhouse v Minister for the Arts and Territories
Into which category does this case fall based on its content? an effective notice not having been given, the second question is whether the operation of s 25(1d) is contingent upon the giving of an effective notice. the circumstances in which an act done in breach of a condition regulating the exercise of a statutory ...	Project Blue Sky Inc v Australian Broadcasting Authority CA 28
Into which category does this case fall based on its content? the principles governing the applicant's third submission are relatively clear, although they can give rise to difficulties in terms of application. ordinarily, a decision-maker is not required to invite comment from an applicant as to the decision-maker's ...	F Hoffman-La Roche and Co AG v Secretary for Trade and Industr
Into which category does this case fall based on its content? i was referred to the authorities which have considered the circumstances in which a legislative provision which is partially invalid will be read down: pidoto v the state of victoria ca 37 ; (1943) 68 clr 87 per latham cj at 108-111; victoria v the commonw...	Pidoto v The State of Victoria CA 37
Into which category does this case fall based on its content? much of this argument overlapped with gmca's case on description, utility, novelty and obviousness. to the extent that it did not, it must be rejected. the alleged invention did not involve an abstract idea, like that considered in grant v commissioner of p...	Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) CA 21
Into which category does this case fall based on its content? in australian securities and investments commission v pegasus leveraged options group pty ltd (2002) 41 acsr 561 at 574 (" pegasus "), davies aj addressed the question whether the sole director of the company which promoted and operated a managed investment...	Australian Securities and Investments Commission v Pegasus Leveraged Options Group Pty Ltd
Into which category does this case fall based on its content? am satisfied that the finding of the third tribunal that the two appellants are not, and were not, homosexuals was not made in the exercise of honest fact finding, but was deliberately calculated to "get around" difficulties in the factual circumstances of ...	Appellant S395/2002 v Minister for Immigration and Multicultural Affairs
Into which category does this case fall based on its content? much of this argument overlapped with gmca's case on description, utility, novelty and obviousness. to the extent that it did not, it must be rejected. the alleged invention did not involve an abstract idea, like that considered in grant v commissioner of p...	Grant v Commissioner of Patents
Into which category does this case fall based on its content? a natural person may be a citizen of australia or a non-citizen. in the case of a natural person who is a citizen, there is no definition in the act of'resident' or 'ordinarily'. there are a large number of cases which have examined the meaning of those wor...	Taylor, Re
Into which category does this case fall based on its content? while the evidence in the matter is that the tribunal member who issued the listening device warrant was named in an afp statement of facts given to the applicant in august 2008, it has not been suggested that he was aware at the time of the tribunal hearin...	Vakauta v Kelly CA 44
Into which category does this case fall based on its content? my own view is that s 21r confers a power to appoint, not a power to make, grant or issue any instrument. section 21r does not talk in terms of the relevant act (the appointment) being made "by" or "pursuant to" any form of writing, but confers a power to m...	Barton v Croner Trading Pty Ltd
Into which category does this case fall based on its content? the assumption is without foundation. i refused interlocutory relief on 10 february 2005; see ca 79. leave to appeal from my judgment was refused by hely j on 3 may 2005; see ca 541. The legal case is titled:	Lawrance v President, Administrative Appeals Tribuna
Into which category does this case fall based on its content? an alternative ground for the conclusion that i should not disqualify myself from hearing the present application on the ground of apparent bias is this. the test for apparent bias is well-known and it is "whether a fair-minded lay observer might reasonably...	Livesey v The New South Wales Bar Association CA 17
Into which category does this case fall based on its content? however, statutory rights to damages or an account of profits conferred on owners or exclusive licensees of intellectual property only have effect for the period that a plaintiff in fact has the relevant status. thus in colbeam palmer ltd v stock affiliates...	Colbeam Palmer Ltd v Stock Affiliates Pty Ltd CA 50
Into which category does this case fall based on its content? power conferred by s 47a(1) of the act is, subject to the court and judge being satisfied that the conditions of s 47c(1) are met in relation to the video-link, an exercise of discretion that would not be ordered unless the court or judge was satisfied that...	Australian Securities &amp
Into which category does this case fall based on its content? matters of policy and implementation of policy (including change in qualifications for appointment), and the views of the victorian community or the respondent's perception about those views, are ones which the respondent, upon which a discretionary power h...	Murphyores Incorporated Pty Ltd v Commonwealth CA 20
Into which category does this case fall based on its content? on 30 march 2006 siopis j made interim orders restraining the defendants from removing any of their property from australia or from otherwise dealing with it except to the extent set out in the order. he also directed the surrender of their passports. his h...	Australian Securities and Investments Commission, In the Matter of Richstar Enterprises Pty Ltd
Into which category does this case fall based on its content? this is an appeal from a decision of the federal magistrates court which dismissed an application for review of a decision of the refugee review tribunal affirming a decision of a delegate of the minister to refuse the appellant a protection visa. the natur...	SZJXC v the Minister for Immigration and Citizenship
Into which category does this case fall based on its content? the principle was referred to in passing by gleeson cj, gummow and heydon jj in re minister for immigration and multicultural and indigenous affairs, ex parte palme ca 56 ; (2003) 216 clr 212 at 219 [21] - [22] (footnotes omitted): 'further, it does not rea...	Minister for Immigration and Multicultural and Indigenous Affairs, Re, ex parte Palme CA 56
Into which category does this case fall based on its content? it has been said that s 31a lowers the bar in terms of summary judgment applications. the operation of s 31a was considered by rares j in boston commercial services pty ltd v ge capital finance australasia pty ltd ca 1352 ; (2006) 236 alr 720. i do not thin...	Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd CA 1352
Into which category does this case fall based on its content? an alternative ground for the conclusion that i should not disqualify myself from hearing the present application on the ground of apparent bias is this. the test for apparent bias is well-known and it is "whether a fair-minded lay observer might reasonably...	Commonwealth Bank of Australia v Tayl
Into which category does this case fall based on its content? the preceding general principles inform the exercise of the discretion. that discretion is not to be fettered by transformation of approaches and practices developed through the cases into quasi statutory rules. in john s hayes & associates pty ltd v ki...	Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd
Into which category does this case fall based on its content? the orders that can be made under the section are directed, inter alia, to the preservation of assets against which recovery may be sought in the event that liability to an 'aggrieved person' is established on the part of a'relevant person'. the orders are ...	CAC v Lone Star Exploration NL

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