Ainsworth v Criminal Justice Commission
| Jurisdiction | Australia Federal only |
| Judgment Date | 1992 |
| Neutral Citation | [1992] HCA 10,1992-0409 HCA A |
| Date | 1992 |
| Year | 1992 |
| Court | High Court |
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561 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)
- Australian Nursing Federation v Alcheringa Hostel Incorporated
- Barclay v the Board of Bendigo Regional Institute of Technical and Further Education
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2 firm's commentaries
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Damages on 'no-transaction' basis
...McKenna; Hunter and New England Local Health District v Simon [2014] HCA 44 at [29]-[32] 15See Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 at 581-582 per Mason CJ and Dawson, Toohey and Gaudron JJ. 16In Anjin No. 13 Pty Ltd v Allianz Australian Insurance Limited [2009] VSC 37......
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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......
15 books & journal articles
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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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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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Litigation
...were discussed in Chapter 13. 606 he jurisdiction to grant a declaration is extremely wide: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; Smith v Coastivity Pty Ltd [2008] NSWSC 313 at [80], McDougall J. (“Well may we ask rhetorically of declarations as Homer Simpson asked of ......
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