Thomas v Mowbray and Ors

JurisdictionAustralia Federal only
JudgeGleeson CJ.,Gummow,Crennan JJ.,Kirby J.,Hayne J.,Callinan J.,Heydon J.,and
Judgment Date02 August 2007
Neutral Citation2007-0802 HCA C,[2007] HCA 33
CourtHigh Court
Docket NumberM119/2006
Date02 August 2007
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118 cases
  • Alexander v Minister for Home Affairs
    • Australia
    • High Court
    • June 8, 2022
    ...CLR 1 at 27. See also Falzon v Minister for Immigration and Border Protection (2018) 262 CLR 333 at 340 [15]. 72 See Thomas v Mowbray (2007) 233 CLR 307 at 330 [18], 356–357 [114]–[121], 509 [600], 526 [651]. 73 (2004) 225 CLR 1 at 12 [17]. 74 Chu Kheng Lim v Minister for Immigration, Local......
  • South Australia v Totani
    • Australia
    • High Court
    • November 11, 2010
    ...at 683; Victoria, Legislative Assembly, Parliamentary Debates (Hansard), 10 November 1931 at 4097. 69Johanson (1979) 143 CLR 376 . 70 (2007) 233 CLR 307 at 329 [16]; [2007] HCA 33 . See Devine v The Queen (1967) 119 CLR 506 at 513–514 per Windeyer J; [1967] HCA 71 (2007) 233 CLR 307 ......
  • International Finance Trust Company Ltd v New South Wales Crime Commission
    • Australia
    • High Court
    • November 12, 2009
    ...would be invalid.’ 78 The Court referred to the judgment in Chu Kheng Lim as demonstrating the point 79. 52 In their joint judgment in Thomas v Mowbray80, Gummow and Crennan JJ observed that the decisions of this Court had not gone so far as to imply something like a ‘due process’ requireme......
  • X7 v Australian Crime Commission
    • Australia
    • High Court
    • June 26, 2013
    ...178 CLR 477 at 501 per Mason CJ and Toohey J. 98EPA (1993) 178 CLR 477 at 550 per McHugh J. 99EPA (1993) 178 CLR 477 at 527. 100 See Thomas v Mowbray (2007) 233 CLR 307 at 356 [113] per Gummow and Crennan JJ; [2007] HCA 33; Nicholas v The Queen (1998) 193 CLR 173 at 190 [24] per Brennan CJ......
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47 books & journal articles
  • Mandatory sentencing for people smuggling: issues of law and policy.
    • Australia
    • Melbourne University Law Review Vol. 36 No. 2, August 2012
    • August 1, 2012
    ...Multicultural Affairs (2007) 228 CLR 651, 669 [47] (Gleeson CJ, Gummow, Kirby, Hayne, Heydon and Crennan JJ). (283) Thomas v Mowbray (2007) 233 CLR 307, 355 [111] (Gummow and Crennan JJ), quoted in International Finance Trust Co Ltd v New South Wales Crime Commission (2009) 240 CLR 319, 353......
  • National litigation and international law: repercussions for Australia's protection of marine resources.
    • Australia
    • Melbourne University Law Review Vol. 33 No. 1, April 2009
    • April 1, 2009
    ...the judiciary saying one thing, the executive another': The Arantzazu Mendi [1939] AC 256, 264 (Lord Atkin). See also Thomas v Mowbray (2007) 233 CLR 307, 354-5 (Gummow and Crennan (7) These doctrines are variously described as 'abstention doctrines' or 'avoidance doctrines' and include the......
  • 'An "alien" by the barest of threads' - the legality of the deportation of long-term residents from Australia.
    • Australia
    • Melbourne University Law Review Vol. 33 No. 2, August 2009
    • August 1, 2009
    ...so far been settled by this Court': at 78-9. (112) This is also the case in relation to the defence power: see, eg, Thomas v Mowbray (2007) 233 CLR 307. For suggestions as to the factors which may be most appropriately considered in the immigration context, see Wood, above n 9, (113) For ex......
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review No. 43-1, January 2018
    • January 1, 2018
    ...18. 70 (2009) 238 CLR 1; [2009] HCA 23. 71 A-G (Vic) v The Commonwealth (1945) 71 CLR 237, 271-2; [1945] HCA 30. 72 (2007) 233 CLR 307; [2007] HCA 33. 73 Australian Communist Party v The Commonwealth (1951) 83 CLR 1, 194. 74 (1936) 55 CLR 608, 677 75 (1982) 153 CLR 168, 213-14, 232-3, 256-7......
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