NZYQ reasons published - 29 Nov 2023

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Daily wrap  

• Labor to enact ‘preventive detention’ regime after high court reveals reasons for immigration ruling | Australian immigration and asylum | The Guardian

   

  • Rohingyan refugee NZYQ accidentally named in documents published by high court | Law (Australia) | The Guardian

     

  • NZYQ judgment can be found here. Judgment summary can be found here.

     

    • “At the end of the hearing on 8 November 2023, the Full Court made an order stating answers to each of the questions of law stated for its consideration in the special case. The order was announced as having been agreed to by "at least a majority" because two members of the Court (Gleeson and Jagot JJ) did not agree that the Court should make orders without publishing reasons and, in any event, required further time to consider the matter. Having considered the matter, Gleeson and Jagot JJ agree with the order made on 8 November 2023.”

       

    • “This Court is unanimous in concluding that this is an incomplete and, accordingly, inaccurate statement of the applicable principle. Two different approaches are taken to that conclusion. The first approach is taken by six of us and set out below. The second approach is taken by Edelman J.”

• Brittany Higgins takes stand in Bruce Lehrmann defamation trial as lawyer warns her evidence will be ‘graphic and distressing’ | Media | The Guardian

   

  • Bruce Lehrmann tells court he believes Brittany Higgins's fiance sent him threatening email titled 'Coming for you'

     

  • Brittany Higgins evidence continues tomorrow - livestream can be found here - NSD103/2023 Lehrmann v Network Ten - YouTube

     

• Ben Roberts-Smith ordered to pay indemnity costs for entirety of his failed defamation case

   

  • A copy of Besanko J’s judgment can be found here - Roberts-Smith v Fairfax Media Publications Pty Limited (No 45) [2023] FCA 1474

   

• Federal government moves to ban Nazi salute after spike in anti-Semitism, racism

   

• Former lecturer to face trial accused of repeated plots to kill her ex-husband in Adelaide | Adelaide | The Guardian

   

Editor’s picks

• With great respect - The Justinian Archive - Justinian: Australian legal magazine - “Warfare on the High Court ... McHugh and Kirbs go hammer and tongs on argument about "indefinite detention" for aliens”

   

• High Court Bulletin Nov 2023

   

• Gender pay gap Australia: Law firm Gadens stands out at closing the gap for women [AFR paywall]

   

• Farewell — The Honourable Justice Michael Sifris | Victorian Bar

   

• Law, Tech and Policy with Brendan Dowling, Ambassador for Cyber Affairs and Critical Technology - ANU College of Law - YouTube

   

• Qld child safety class action: Racist discrimination claim by First Nations families could have wider ripples

   

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