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Cases reported in the NSWLR are selected by the Editor on the basis of their significance in relation to the interpretation, development or application of the law in New South Wales. Of the thousands of judgments delivered each year by the Supreme Court of New South Wales (including the Court of Appeal and Court of Criminal Appeal) only a ...
Airlines of New South Wales Pty Ltd v New South Wales (No 2), [1] was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation. Although the Commonwealth has the power to regulate interstate air navigation under s 51(i) of the Constitution, it can only regulate intrastate air navigation under ...
The Commission dismissed the appeal, and Kirk subsequently sought judicial review in the Supreme Court of New South Wales. The Supreme Court held that it did not have the power to review the commission's decision due to provisions in the Industrial Relations Act 1996 (NSW), which limited its jurisdiction to do so (Such as s179 of the IR Act ...
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales, [1] ("Codelfa") is a widely cited Australian contract law case, [2] which serves as authority for the modern approach to contractual construction. [3] The case greatly influenced the development of the Eastern Suburbs railway line.
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, [1] is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, [2] applying the doctrine of "implied inter-governmental ...
Australian Securities and Investments Commission v Rich [1] was one of the biggest civil cases in NSW Supreme Court history, in which the Australian Securities and Investments Commission accused former executive directors of One.Tel telecommunications company, Jodee Rich and Mark Silbermann, of having failed to meet their duty of care in the months leading up to the company's collapse in May 2001.
Unions NSW challenged the act as unconstitutional. During the proceeding, a legislative committee of the NSW Parliament delivered a report recommending that the existing expenditure cap within the act of $20,000 be raised to $198,750. The NSW Government then conceded and submitted to the court that the act should be held invalid in its prior form.
Kable v DPP, [1] is a decision of the High Court of Australia.It is a significant case in Australian constitutional law. The case is notable for having established the 'Kable Doctrine', a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the judicial role.