AUGUST 2013 The Authorised Reports of Decisions of the Federal Court of Australia THE FEDERAL COURT REPORTS 2012-2013 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 453-600
The mode of citation of this part will be: 210 FCR TABLE OF CASES REPORTED Part 4 Pages 454-600 Adamas; O Connor v... 364 Alcock v Commonwealth... 454 Army (No 2), Chief of; Li v... 356 Army, Chief of; Li v... 299 Australian Competition and Consumer Commission; TPG Internet Pty Ltd v... 277 Boyn; Federal Commissioner of Taxation v... 477 Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd... 21 Commonwealth; Alcock v... 454 Herrmann; Nazdall Pty Ltd v... 264 HP Distribution Pty Ltd; National Union of Workers (NSW) v... 250 Huynh v Minister for Immigration and Citizenship... 580 Immigration and Citizenship, Minister for v SZQRB... 505 Immigration and Citizenship, Minister for; Huynh v... 580 Immigration and Citizenship, Minister for; WZANC v... 585 Li v Chief of Army (No 2)... 356 Li v Chief of Army... 299 Lynx Engineering Consultants Pty Ltd; Bradken Resources Pty Ltd v... 21 Macquarie Bank Ltd; Federal Commissioner of Taxation v... 164 McCracken v Phoenix Constructions (Queensland) Pty Ltd... 149 National Union of Workers (NSW) v HP Distribution Pty Ltd... 250 Nazdall Pty Ltd v Herrmann... 264 O Connor v Adamas... 364 O Flaherty v City of Sydney Council... 484 Parmalat Australia Pty Ltd v VIP Plastic Packaging Pty Ltd... 1 Phoenix Constructions (Queensland) Pty Ltd; McCracken v... 149 Sydney Council, City of; O Flaherty v... 484 SZQRB; Minister for Immigration and Citizenship v... 505 (Cases in bold reported in this part) ISSN 0813-7803
TABLE OF CASES REPORTED Taxation, Federal Commissioner of v Boyn... 477 Taxation, Federal Commissioner of v Macquarie Bank Ltd... 164 TPG Internet Pty Ltd v Australian Competition and Consumer Commission... 277 VIP Plastic Packaging Pty Ltd; Parmalat Australia Pty Ltd v... 1 WZANC v Minister for Immigration and Citizenship... 585 (Cases in bold reported in this part)
INDEX Part 4 Pages 454-600 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... 484 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... 454 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... 585 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... 505 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... 580
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 82-10. Federal Commissioner of Taxation v Boyn... 477