Gerlach v Clifton Bricks Pty Ltd
| Jurisdiction | Australia Federal only |
| Judge | Gaudron,McHugh,Hayne JJ,Kirby,Callinan JJ |
| Judgment Date | 30 May 2002 |
| Neutral Citation | [2002] HCA 22,2002-0530 HCA A |
| Court | High Court |
| Docket Number | S43/2001 |
| Date | 30 May 2002 |
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107 cases
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John Fairfax Publications Pty Ltd v Rivkin
...the terms of the primary rule. A judicial gloss of such a kind upon a law, founded ultimately in statute, is impermissible. In Gerlach v Clifton Bricks Pty Ltd131, Callinan J and I dissented on this point. We did so in the context of the impermissibility of converting a discretionary power ......
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Australian Broadcasting Corporation v Chau Chak Wing
...362 Gallagher v Destiny Publications Pty Ltd (No 2) [2015] WASC 475 George v Rockett (1990) 170 CLR 104 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; 209 CLR 478 Greek Herald Pty Ltd v Nikolopoulos (2002) 54 NSWLR 165 Gumina v Williams (No 2) (1990) 3 WAR 351 Gutnick v Dow Jones & Co Inc ......
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Davison v Queensland
...[2003] QSC 463. 31 [2004] QCA 461 at [21] per de Jersey CJ. 32Gillam v State of Queensland [2004] 2 Qd R 251 at 258 [23]. 33Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478 at 503–504 [70] per Callinan J and myself; Neat Domestic Trading v AWB Ltd (2003) 216 CLR 277 at 300 [66]. 34 [2005......
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4 books & journal articles
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Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
...which the rule of law is protected by the Constitution, and perhaps even, the meaning of law. Furthermore, it is not clear that the 4 (2002) 209 CLR 478, 504 [70]. Note, though this is expressed in g eneral terms, the case itself was concerned with the possibility of unlimited judicial (as ......
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Some Australian reflections on Roncarelli v. Duplessis.
...Ltd., Kirby J. thought that no Australian parliament could legislate for "[a]bsolute discretions" because they are "a form of tyranny" ([2002] HCA 22, 209 C.L.R. 478 at para. (35) But Barwick C.J. protected a taxi owner's licence by treating it as a species of property: Banks v. Transport R......
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Three Law Deans — and what they Teach of Deanship
...and the Law: The State of the Australian Political System’ (2005) 43 Law Society Journal 68, 60. 26 Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478, 503-4 [70] per Kirby and Callinan JJ. ______________________________________________________________________ 2014 Three Law Deans 597 ____......
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The Entrenched Minimum Provision of Judicial Review and the Limits of ‘Law’
...Zines’s The High Court and the Constitution (Federation Press, 6th ed, 2015) 202–7. 97 See, eg, Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478, 503–4. 98 Recall the discussion in Section II. See also Crawford, ‘Can Parliament Confer Plenary Executive Power? The Limitations Imposed by S......