Cubillo v Commonwealth

JurisdictionAustralia Federal only
CourtFederal Court
Judgment Date1999
Neutral Citation1999-0430 FCA B,2001-0831 FCA A
Year1999
Date1999

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51 cases
4 books & journal articles
  • Of Kings and Officers — The Judicial Development of Public Law
    • United Kingdom
    • Sage Federal Law Review No. 33-2, June 2005
    • 1 June 2005
    ...officers); Oceanic Crest Shipping Co v Pilbara Harbour Services Pty Ltd (1986) 160 CLR 626 (shipping pilots); Cubillo v Commonwealth (1999) 163 ALR 395, 443–4; Aronson and Whitmore, above n 66, 23–6. The history of this development is outlined in S Churches, 'Bona Fide Police Torts and Crow......
  • Public Trusts, Public Fiduciaries
    • United Kingdom
    • Sage Federal Law Review No. 38-3, September 2010
    • 1 September 2010
    ...characterised as fiduciary only, in the circumstances; see also Swain v Law Society [1983] 1 AC 598. 4 See, eg, Cubillo v Commonwealth (2001) 112 FCR 455, [460]. 336 Federal Law Review Volume 38 ____________________________________________________________________________________ threefold. ......
  • Can the common law adjudicate historical suffering?
    • Australia
    • Melbourne University Law Review Vol. 36 No. 2, August 2012
    • 1 August 2012
    ...number of aspects favourable to the applicants were reversed on appeal, but all adverse findings were affirmed: Cubillo v Commonwealth (2001) 112 FCR 455 ('Cubillo (24) Cubillo (Trial) (2002) 103 FCR 1, 13-14 [6]-[10] (O'Loughlin J). (25) See generally ibid 14 [12]-[13]. (26) Ibid 239 [769]......
  • ‘Past’ Violations under International Human Rights Law: The Indigenous ‘Stolen Generation’ in Australia
    • United Kingdom
    • Sage Netherlands Quarterly of Human Rights No. 23-2, June 2005
    • 1 June 2005
    ...[2000] FCA 1084, per O’Loughlin, J., at paras 1420-1422. Thisjudgement was affirmed on appeal in Cubillo and Gunner vs The Commonwealth, [2001] FCA 1213, perSackville, Weinberg and Hely, J.J. of the Full Federal Court of Australia.53The Ordinance permitted the Director of Native Affairs, a ......