Ainsworth v Criminal Justice Commission
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judgment Date | 1992 |
| Neutral Citation | [1992] HCA 10,1992-0409 HCA A |
| Date | 1992 |
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495 cases
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X v Australian Prudential Regulation Authority
...to avoid.’ 18 In argument in this Court, reference was made to the declaratory relief granted against the respondent in Ainsworth v Criminal Justice Commission13. But, in Ainsworth, the jurisdictional error of the Commission lay in its denial of procedural fairness to the appellants, and in......
- Elliott v Seymour (No 3)
- Barclay v the Board of Bendigo Regional Institute of Technical and Further Education
- Secretary, Department of Health and Ageing v Pagasa Australia Pty Ltd
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1 firm's commentaries
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Construction & Infrastructure News - 9 October 2018
...the moratorium until March 2017 were unlawful - Discretionary nature of declaratory relief - Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 considered - Declaratory relief refused on the basis relief lacked This publication does not deal with every important topic......
13 books & journal articles
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Judicial Review of Non-Statutory Executive Powers
...entirely. 88 See generally Wheeler, above n 36, 463–66; Brennan, above n 46, 26–27; Ainsworth v Criminal Justice Commission (1992) 175 CLR 564, 585 (Brennan J). 89 Craig v South Australia (1995) 184 CLR 163, 179; Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323,......
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Of Kings and Officers — The Judicial Development of Public Law
...of right is now seen as being within the inherent jurisdiction of a superior court: see Ainsworth v Criminal Justice Commission (1992) 175 CLR 564, 581–2. As such the remedy may not properly be described as 'equitable', being a remedy also available from a common law court. 109 See Lord Woo......
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Griffith University V Tang, ‘Under an Enactment’ and Limiting Access to Judicial Review
...152 CLR 570,591, 603; Mellifont v Attorney-General (Qld) (1991) 173 CLR 289, 303, 316, 321–2; Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 ('Ainsworth'), 582. 94 (2002) 209 CLR 372 ('Re McBain'). 95 Ibid 382 (Gleeson CJ), citing In re Judiciary and Navigation Acts (1921) 29 CL......
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Private Bodies, Public Power and Soft Law in the High Court
...it a decision under an enactment when it is not under an enactment if made legally. See Mantziaris and McDonald, above n 6, 42–3. 80 (1992) 175 CLR 564. 81 Ibid 582–3. 82 Ibid 584–5. 83 Most of the cases concerned the natural justice grounds, but the debate extends in principle to other gro......
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