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Daily wrap
Two judgements handed down by HCA yesterday:
Ismail v Minister for Immigration, Citizenship and Multicultural Affairs. Judgement summary found here.
Harvey v Minister for Primary Industry and Resources. Judgement summary found here.
Edelman J at [98] “The use of the expression "includes any of the following" in this exhaustive way is also consistent with the ordinary conversational maxim of quantity. A child who is told that they can have an ice cream which "includes any of the following: scoop of ice cream, cone, flake" would not, without unreasonable ambition (but perhaps with different words), ask whether the ice cream also includes content at the periphery of the application of its ordinary meaning, such as sprinkles.”
[credit to The Piddington Society for this find]
Editor’s picks
Penelope Neskovcin KC - Ms Neskovcin graduated with a Bachelor of Economics and Bachelor of Laws (Hons) from the University of Tasmania in 1993. Ms Neskovcin was admitted to practice as a Solicitor of the Supreme Court of Tasmania in 1994, and in 1995 was admitted to practice as a Solicitor of the Supreme Court of Victoria. Ms Neskovcin was called to the Bar in 2002 and took Silk in 2016.
Craig Dowling SC - In 1987, Mr Dowling graduated with a Bachelor of Arts and in 1989 he graduated with a Bachelor of Laws both from Monash University. In 2009, Mr Dowling attained a Master of Laws from the University of Melbourne. Mr Dowling was admitted to practice as a Solicitor of the Supreme Court of Victoria in 1991. In 1999, Mr Dowling was called to the Bar. In 2017, he was appointed Senior Counsel.
Justice Kennett of the FCA is to hand down his judgment in the Deripaska case tomorrow afternoon. Background to the matter can be found below. Former federal attorney-general Christian Porter is representing Deripaska.
Everson DCJ at [18] “Need, like love, is hard to measure. For example, when Michael Hutchence sang: “I need you tonight cause I’m not sleeping. There’s something about you girl that makes me sweat,” he was arguably also referring to a latent unsatisfied demand which is either not being met at all or, more likely, not being adequately met. This may well be a manifestation of love but certainly not in the biblical sense. When assessing a declaration of love, or an assertion of planning need, context is everything….”
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