Kirk v Industrial Relations Commission of New South Wales
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Hayne,Crennan,Kiefel,Bell JJ,Heydon J |
| Judgment Date | 03 February 2010 |
| Neutral Citation | [2010] HCA 1,2010-0203 HCA A |
| Court | High Court |
| Docket Number | Matter No S106/2009 |
| Date | 03 February 2010 |
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551 cases
- CSL Australia Pty Ltd v Minister for Infrastructure and Transport
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Edwards v Santos Ltd
...did not have power to make any order in place of the orders that had been quashed. For the reasons which led to the majority's conclusion in Kirk about the powers of the Court of Appeal, the same conclusion must be reached about the powers of this Court. 8 Because no appeal lies to this Cou......
- Terminal Perintis Sdn Bhd v Tan Ngee Hong Construction Sdn Bhd (and Another Originating Summons)
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R (on the application of Privacy International) v Investigatory Powers Tribunal and Others
...and Burton Crawford “Reconsidering [ Cart] and the rationale for jurisdictional error” [2017] Public Law 1). Thus, in Kirk v Industrial Court of New South Wales [2010] HCA 1, the court held that an ouster clause expressed in apparently far-reaching terms was ineffective to exclude review i......
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22 firm's commentaries
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Reviewing a BIFA adjudication decision ' Number 1 complete guide
...a BIFA adjudication decision is because of jurisdictional error. The High Court of Australia in Kirk v Industrial Relations Commission [2010] HCA 1 confirmed that jurisdictional error may arise due to "the absence of a jurisdictional fact". The Court said at The Court amplified what was sai......
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NSW Government Bulletin - 17 June 2015
...characteristic of Supreme Court - Environmental Planning and Assessment Act 1979 (NSW), s 101 - Kirk v Industrial Court of New South Wales [2010] HCA 1; 228 CLR 651 referred to ENVIRONMENT AND PLANNING - development control - complying development - certificate issued by accredited certifie......
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Requirement to comply with the procedural requirements in the SOP Act
...of certiorari and set the determination aside. Secondly, in light of the High Court decision in Kirk v Industrial Relations Commission [2010] HCA 1, the decision in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 should not be followed in relation to an adjudication application that was not ......
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Adjudication determinations - a new era in challenges?
...and Quality v Davenport [2004] NSWCA 394 and the decision of the High Court of Australia in Kirk v Industrial Court of New South Wales [2010] HCA 1 Although the generally understood view until this decision was that judicial review of adjudication determinations was available only where the......
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61 books & journal articles
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Mandatory sentencing for people smuggling: issues of law and policy.
...sentences are not contrary to the Charter merely because they fetter discretion). (294) See Kirk v Industrial Court of New South Wales (2010) 239 CLR 531, 578-81 [91]-[100] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ); Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, 513-14......
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Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
...124. 157 Note, the State Supreme Courts also have some entrenched judicial review jurisdiction: Kirk v Industrial Relations Court (NSW) (2010) 239 CLR 531....
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Tiptoeing through the Tripwires: Recent Developments in Jurisdictional Error
...Public Law Review 94. 3 Chief Justice J J Spigelman, ‘The Centrality of Jurisdictional Error’ (2010) 21(2) Public Law Review 77. 4 (2010) 239 CLR 531 (‘Kirk’). 5 (2013) 249 CLR 332 (‘Li’). 6 (2010) 243 CLR 319 (‘M61’). 7 (2014) 220 FCR 1 (‘NBMZ’). 8 Minister for Immigration and Multicultura......
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The legal and commercial frameworks
...Ltd (2007) 230 CLR 89 at [135]; Stuart v Kirkland-Veenstra (2009) 237 CLR 215 at [102]; Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531 at [99]. 102 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 at [135]. 103 Much has been written on the reception of Engli......
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