Craig v South Australia

JurisdictionAustralia Federal only
Neutral Citation1995-1024 HCA A,[1995] HCA 58
Date1995
Year1995
CourtHigh Court
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1093 cases
3 firm's commentaries
  • Reviewing a BIFA adjudication decision ' Number 1 complete guide
    • Australia
    • Mondaq Australia
    • 16 August 2022
    ...to attempt to mark the metes and bounds of jurisdictional error". However, by reference to the decision in Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163, 177-178, the majority identified three categories of jurisdictional error (Kirk at (1) the mistaken denial or assertion of ju......
  • Kirk v Industrial Court of New South Wales: The Demise of State Privative Clauses
    • Australia
    • Mondaq Australia
    • 19 April 2010
    ...the English position that any error of law will render a decision ultra vires. Furthermore, the High Court in Craig v South Australia (1995) 184 CLR 163 had applied the distinction between jurisdictional and non-jurisdictional errors differently as between an administrative tribunal and an ......
  • MAS Proper Officer's Decision To Reject Application In Error Is Subject To Judicial Review
    • Australia
    • Mondaq Australia
    • 28 September 2009
    ...to make the decision on behalf of the Authority where the challenge is one of an administrative law nature Footnotes 1 Patten AJ 2 (1995) 184 CLR 163 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your speci......
30 books & journal articles
  • The principle of open justice and the judicial duty to give public reasons.
    • Australia
    • Melbourne University Law Review Vol. 38 No. 2, December - December 2014
    • 1 December 2014
    ...H Baker (ed), Judicial Records, Law Reports, and the Growth of Case Law (Duncker & Humblot, 1989) 15. In Craig v South Australia (1995) 184 CLR 163, the High Court of Australia held that the reasons of an inferior court did not form part of the 'court record' for the purposes of certior......
  • Judicial review of migration decisions: ousting the Hickman private clause?
    • Australia
    • Melbourne University Law Review Vol. 26 No. 3, December 2002
    • 1 December 2002
    ...(1994) 182 CLR 104, 196 (McHugh J) (102) Jeremy Kirk, `Administrative Justice and the Australian Constitution', above n 90, 85-7. (103) (1995) 184 CLR 163, 179. See also Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323,351-2 (McHugh, Gummow and Hayne JJ). (104) ......
  • The Nature of Merits Review: A Bold Vision Realised in the Administrative Appeals Tribunal
    • United Kingdom
    • Sage Federal Law Review No. 41-2, June 2013
    • 1 June 2013
    ...207 Kirk v Industrial Court (NSW) (2010) 239 CLR 531, 574 [72]. 208 Craig v South Australia (1995) 184 CLR 163, 177; Kirk v Industrial Court (NSW) (2010) 239 CLR 531, 574 [72]. 209 A jurisdictional fact is a precondition or criterion which may consist of various elements some of which may n......
  • Judicial Review of Migration Decisions: Life after S157
    • United Kingdom
    • Sage Federal Law Review No. 33-1, March 2005
    • 1 March 2005
    ...15 NAAV (2002) 123 FCR 298, 475 [625] (von Doussa J). 16 (1995) 184 CLR 163, 179 ('Craig'), where it was said that if an administrative tribunal falls into an error of law which causes it to identify a wrong issue, to ask itself a wrong question, to ignore relevant material, to rely on irre......
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