Habib v Commonwealth of Australia
| Jurisdiction | Australia Federal only |
| Court | Full Federal Court (Australia) |
| Judgment Date | 2010 |
| Neutral Citation | 2010-0225 FCA D,[2010] FCAFC 12 |
| Date | 2010 |
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10 cases
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Abdul-Hakim Belhaj and Another v Rt. Hon. Jack Straw MP and Others
...The public policy limitation 90 The Claimants relied on a decision of the High Court of Australia: Habib v Commonwealth of Australia [2010] FCAFC 12. That case concerned a claim by an Australian citizen that Australian officials had committed various torts (misfeasance in public office and ......
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Belhaj v Straw MP (United Nations Special Rapporteur on Torture)
...from accepting that consequence. (In this regard he might have invoked the statement of Perram J in Habib v. Commonwealth of Australia[2010] FCAFC 12 that ‘Mr Habib's contention is that his torture caused him personal injury, not that it was invalid …’ (at [44]).) However, we consider that ......
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Belhaj and another v Straw and Others; Rahmatullah v Ministry of Defence and another (No 2)
...sense since the effect of the relevant act is determined not by law, but regardless of law. Perram J called it in Habib v Commonwealth [2010] FCAFC 12; (2010) 265 ALR 50 at paras 38 and 43 "a super choice of law rule". In these circumstances, it can, so far as it exists, just as well be und......
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Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd
...CLR 478; [2011] HCA 20; Olbers Co Ltd v Commonwealth (2004) 136 FCR 67, upheld on appeal at (2004) 143 FCR 449; Habib v Commonwealth (2010) 183 FCR 62 at 66 [3] per Black CJ, 70–71 [21]–[22] per Perram J. 72 Hocking v Bell (1945) 71 CLR 430 at 500 per Dixon J; [1945] HCA 16; Rejfek v McElro......
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3 books & journal articles
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Democracy, Liberty and the Prerogative: The Displacement of Inherent Executive Power by Statute
...Commissioner of Taxation (1988) 19 FCR 347, 369, quoted in Ruddock v Vadarlis (2001) 110 FCR 491, 538–9 [179]; Habib v Commonwealth (2010) 183 FCR 62, 99–100 [128]. 368 Federal Law Review Volume 41 ____________________________________________________________________________________ determin......
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A critical examination of how contract law is used by financial institutions operating in multiple jurisdictions.
...International Law: A Lack of "Judicial Restraint"?' (2009) 10 Melbourne Journal of International Law 102. See also Habib v Commonwealth (2010) 183 FCR 62. (149) Buttes Gas & Oil Co v Hammer [No 3/ [1982] I AC 888, 938 (Lord (150) This article does not deal with the public policy issue o......
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David Hicks, Stern Hu, Scott Rush, Jock Palfreeman and the legal parameters of Australia's protection of its citizens abroad.
...(31) Annabel Crabb, 'Hicks Cast Out after Day as British Citizen', The Age (Melbourne), 27 August 2006, 7. (32) Habib v Commonwealth (2010) 183 FCR 62, 69 [17]-[18] (Perram J) (33) US Department of Defense, 'Guantanamo Detainees to Be Transferred' (News Release, No 033-05, 11 January 2005) ......