Category Archives: s. 153

Weeks v Commissioner of Taxation [2013] FCAFC 2 (25 January 2013)

TAXATION – appeal from primary judge dismissing appeal from Administrative Appeals Tribunal – whether termination payment was a “genuine redundancy payment” as defined – whether appellant dismissed from employment because her position was genuinely redundant – whether Tribunal misconstrued ATO (Executive Level 2) Agency Agreement 2009 – whether inconsistency between clauses of agency agreement

PRACTICE AND PROCEDURE – notice of objection to competency – whether failure to identify question of law – self-represented litigant

Attorney-General v Foster [1999] FCA 81 (16 February 1999)

[1999] FCA 81

EXTRADITION – validity of warrant for surrender issued by Minister for Justice on behalf of the Attorney-General – whether s 19 of the Acts Interpretation Act 1901 (Cth) enables the Minister for Justice to act for or on behalf of the Attorney-General – whether assent of the Prime Minister or Cabinet is necessary – application of s 19 – whether section is an interpretative tool or has substantive effect – whether the words in s 19 only apply in cases of temporary absence of a Minister.

PRACTICE & PROCEDURE – retrospective legislation amendment – whether amendment deprived the issue raised by the notice of appeal of any real practical significance

EVIDENCE – notice of motion to adduce further evidence not before primary judge – documentary evidence readily accessible to public and not contentious – whether failure to adduce evidence at trial due to a lack of reasonable diligence – whether evidence important to the proper determination of the application – whether new evidence required formal proof.

ADMINISTRATIVE LAW – relevant considerations – whether Minister acted in accordance with the requirements of natural justice and procedural fairness – whether procedural fairness required a further opportunity for respondent to respond to factual matters in issue.

Evidence Act 1995 (Cth), ss 143, 153, 155

Mokbel v Attorney-General for the Commonwealth of Australia [2007] FCA 1536 (5 October 2007)

[2007] FCA 1536

EXTRADITION – validity of request for extradition to Australia issued by the Minister for Justice and Customs – whether s 40 of the Extradition Act 1988 (Cth) evinces a “contrary intention” for the purpose of s 19A of the Acts Interpretation Act 1901 (Cth) – source of power to request the extradition of an Australian citizen from a foreign State – operation of ss 19 and 19A of the Acts Interpretation Act 1901 (Cth) in relation to the exercise of executive power by two ministers.

INTERNATIONAL LAW – whether an Australian Court can comment on or intervene in the manner in which the Greek Ministry of Justice dealt with communications from an Australian diplomat – principle of non-adjudication.

ADMINISTRATIVE LAW – whether the Minister acted in bad faith, for an improper purpose or in breach of the requirements of natural justice.

Evidence Act 1995 (Cth) ss 143(1)(c), 150, 153