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In Australian law ex parte is used in two senses. The predominant use is to refer to an ex parte hearing, being one which is heard in the absence of one or more parties. Where proceedings are heard ex parte, a high degree of candour is required, including full and fair disclosure of facts adverse to the moving party.
R v Pearson; Ex parte Sipka, [1] was a landmark Australian court case decided in the High Court of Australia on 24 February 1983. It concerned section 41 of the Australian Constitution, and the question of whether four people eligible to vote in New South Wales could be prevented from voting at the federal level by a federal law which closed registration to vote on the day that the writs of ...
The case arose under the Excise Tariff Act 1906 [2] which imposed an excise duty on goods manufactured in Australia, £6 in the case of a stripper harvester, however if a manufacturer paid "fair and reasonable" wages to its employees, it was excused from paying the excise duty. The Court therefore had to consider what was a "fair and reasonable ...
R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP, [1] was an early decision of the High Court of Australia concerning the jurisdiction of the Commonwealth Court of Conciliation and Arbitration in which the High Court controversially, [2] granted prohibition against the Arbitration Court to prevent it from enforcing aspects ...
R v Kirby; Ex parte Boilermakers' Society of Australia, [1] known as the Boilermakers' Case, was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and ...
Re Wakim; Ex parte McNally [1] was a significant case decided in the High Court of Australia on 17 June 1999. The case concerned the constitutional validity of cross-vesting of jurisdiction, in particular, the vesting of state companies law jurisdiction in the Federal Court .
Full Court of the Federal Court of Australia: ... Ex parte McNally, [28] as being unconstitutional. Notwithstanding this failure, however, both state and federal ...
R v Federal Court of Australia; Ex parte W.A. National Football League: 1979 143 CLR 190 Barwick: 345 Aka Adamson's Case Decided that a "trading and financial" corporation (a pl.(xx) entity) could be more than just a corporation set up for the purpose of trade, as long as its current revenue included a significant proportion of trading activities