FEDERAL COURT REPORTS

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1 AUGUST 2013 The Authorised Reports of Decisions of the Federal Court of Australia THE FEDERAL COURT REPORTS DR OREN BIGOS SHARON HANSTEIN EDITOR VICTOR KLINE Barrister-at-Law CONSULTING EDITOR DAVID CATTERNS QC REPORTERS IN THIS PART SARAH SOMERSET ALEXIS WALLACE PRODUCTION EDITOR MYUNG COLE VOL 210 PART 4 PAGES

2 The mode of citation of this part will be: 210 FCR TABLE OF CASES REPORTED Part 4 Pages Adamas; O Connor v Alcock v Commonwealth Army (No 2), Chief of; Li v Army, Chief of; Li v Australian Competition and Consumer Commission; TPG Internet Pty Ltd v Boyn; Federal Commissioner of Taxation v Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd Commonwealth; Alcock v Herrmann; Nazdall Pty Ltd v HP Distribution Pty Ltd; National Union of Workers (NSW) v Huynh v Minister for Immigration and Citizenship Immigration and Citizenship, Minister for v SZQRB Immigration and Citizenship, Minister for; Huynh v Immigration and Citizenship, Minister for; WZANC v Li v Chief of Army (No 2) Li v Chief of Army Lynx Engineering Consultants Pty Ltd; Bradken Resources Pty Ltd v Macquarie Bank Ltd; Federal Commissioner of Taxation v McCracken v Phoenix Constructions (Queensland) Pty Ltd National Union of Workers (NSW) v HP Distribution Pty Ltd Nazdall Pty Ltd v Herrmann O Connor v Adamas O Flaherty v City of Sydney Council Parmalat Australia Pty Ltd v VIP Plastic Packaging Pty Ltd... 1 Phoenix Constructions (Queensland) Pty Ltd; McCracken v Sydney Council, City of; O Flaherty v SZQRB; Minister for Immigration and Citizenship v (Cases in bold reported in this part) ISSN

3 TABLE OF CASES REPORTED Taxation, Federal Commissioner of v Boyn Taxation, Federal Commissioner of v Macquarie Bank Ltd TPG Internet Pty Ltd v Australian Competition and Consumer Commission VIP Plastic Packaging Pty Ltd; Parmalat Australia Pty Ltd v... 1 WZANC v Minister for Immigration and Citizenship (Cases in bold reported in this part)

4 INDEX Part 4 Pages CONSTITUTIONAL LAW Implied freedoms Communication concerning government and political matters Applicant arrested after staying overnight in Martin Place at Occupy Sydney protest, contrary to terms of local government notice Whether law in its terms, operation or effect effectively burdens the implied freedom Whether law reasonably appropriate and adapted to serve a legitimate end in a manner compatible with the maintenance of a Constitutionally prescribed system of representative and responsible government Local Government Act 1993 (NSW), s 632. O Flaherty v City of Sydney Council and Another State legislation Holder of fishing licence issued under State legislation Later state legislation restricting access to fishery Whether law of Commonwealth for acquisition of property on unjust terms Whether inconsistency between Commonwealth and State laws National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 (Vic) Constitution of the Commonwealth, ss 51(xxxi), 109. Alcock v Commonwealth and Another IMMIGRATION Refugees Protection visa Decision of Refugee Review Tribunal Confidential information Consideration of Obligation of Secretary of Department of Immigration and Citizenship Requirement to give written notice to Tribunal No notice given Error by Secretary No jurisdictional error by Tribunal Appeal dismissed Migration Act 1958 (Cth), s 438. WZANC v Minister for Immigration and Citizenship and Another Removal from Australia Complementary protection International obligations Requirement to consider international obligations before removal from Australia Public interest powers Power to lift the bar on visa application Power to grant visa to detainee Non-compellable powers Judicial scrutiny of discretionary power Relief Availability of Declaration Injunction Certiorari Migration Act 1958 (Cth), ss 36(2), 91L, 195A, 198. Minister for Immigration and Citizenship v SZQRB Visas Application for Validity of visa application Sponsorship requirement Validity of delegated legislation Extent of regulation-making power Regulation valid Migration Regulations 1994 (Cth), Sch 1, cl 1136(3)(ca). Huynh v Minister for Immigration and Citizenship

5 INDEX TAXATION Income tax Employment termination payment (ETP) Tax payable Where taxable component of ETP exceeds ETP cap amount giving rise to an employment termination remainder (ETR) Where amount of that excess exceeds taxable income Calculating the ETR Whether ETR is the taxable income Income Tax Rates Act 1986 (Cth), s 3(1) Income Tax Assessment Act 1997 (Cth), s Federal Commissioner of Taxation v Boyn

THE FEDERAL LAW REPORTS EDITOR VICTOR KLINE. Barrister-at-Law CONSULTING EDITORS ANTHONY DICKEY QC DR OREN BIGOS PRODUCTION EDITOR

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