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The courts administration authority (caa) administers justice on behalf of the people of south australia Nowadays the process is much more like those used for other types of actions It is independent of the legislative and executive arms of government and is the means by which the judiciary of the state controls the administration of courts through which judicial power is exercised.
For an example of a judgment set aside as entered against good faith, see chand v zurich australian insurance ltd [2013] nswsc 102 The ability to seek judicial review using prerogative remedies was once exercised by issuing what was known as a prerogative writ For an unsuccessful attempt to rely upon s 63 of the cpa as giving the court power to set aside a judgment or order
This paper addresses the exceptions to that general principle as it applies to superior courts, with specific reference to the inherent jurisdiction of the court and the provisions of the uniform civil procedure rules 1999 (ucpr) which deal with the circumstances in which judgments and orders can be varied or set aside, other than by way of an appeal
The specific provisions of the ucpr which. It may seem counterintuitive to think that a judicial decision can be ignored It would seem contrary to the rule of law and to the good governance of our society Respect for judicial decisions is important
However, the authorities indicate that there are circumstances where a judicial decision can be ignored In considering when that may occur, it is necessary to draw certain distinctions. Australasian legal information institute (austlii), a joint facility of uts and unsw faculties of law. The south australian state reports are the authorised reports of the south australian supreme court
The series includes important decisions both at first instance and on appeal
Comprehensive headnotes and detailed catchwords accompany the full text of the judgments to speed you through your research. [1] callinan j of the high court of australia explained that “natural justice by giving a right to be heard, has long been a. By virtue and in pursuance of section 72 of the supreme court act 1935 and all other enabling powers, we, judges of the supreme court of south australia, make the following supreme court civil supplementary rules 2014. Recent litigation in the south australian supreme court suggests that despite the fact that australia has not adopted the rule of procedural exclusivity espoused in the case of o’reilly v mackman, there are other means by which effect can be given to the important policy that challenges to administrative decisions are made promptly.
14.11 ‘procedural fairness’ means acting fairly in administrative decision making It relates to the fairness of the procedure by which a decision is made, and not the fairness in a substantive sense of that decision.[12] a person may seek judicial review of an administrative decision on the basis that procedural fairness has not been observed.[13]. A person wishing to obtain judicial review of a south australian government action must make an application to the supreme court of south australia There is the possibility of further appeal from the supreme court to the high court of australia.
Read recent judgments from the supreme court, district court and environment, resources and development court.
The supreme court’s decision in march 2015 in pham v secretary of state for the home department64 (pham) highlighted the extent to which there are divisions in the court regarding the use of proportionality in judicial review of administrative action. By virtue and in pursuance of section 72 of the supreme court act 1935 and all other enabling powers, we, the judges of the supreme court of south australia, make the following supreme court civil rules 2006. The judgment reviews a highly disturbing first instance decision I know that many family law commentators have already commented on the case and i want to look at certain aspects of it.
This guide explains where to find daily lists and judgments (courts sa, austlii, ecourts), how to search by name or case number, how to interpret sentencing remarks and orders, what’s public vs restricted, how to verify authenticity, and when to seek. Start or defend a case access your case and associated documents receive notifications regarding your case find out more about your hearings view your orders and judgments order a transcript for a supreme, district, erd, or coroner's court hearing create an account to get started.
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