Cases and authorities

Native title rights – Where Arabana people applied for determination of native title under Native Title Act 1993 (Cth) – Where Arabana people held native title over area of land abutting claim area – Whether primary judge correctly construed and applied definition of "native title" in s 223(1) – Whether "connection" with land or waters for purposes of s 223(1)(b) must be established by physical acts of acknowledgment or observance – Relevance of native title determination in respect of land abutting claim area. Words and phrases – "acknowledgment or observance", "by those laws and customs", "connection", "continuity", "cultural connection", "effective sovereignty", "land or waters", "native title", "native title rights and interests", "physical acts", "physical connection", "religious connection", "sovereignty", "spiritual connection", "traditional laws and customs". Native Title Act 1993 (Cth), ss 13, 82, 86, 94A, 223, 225.

CIVIL LAW – procedure – expert conclave of psychiatrists – late service of report – objection to use of report – urgent application – practical resolution – no question of principle

CORPORATIONS – Reinstatement – Winding up – Liquidators – Appointment. COSTS – Costs incurred by non-parties – Where interested party heard under r 2.13 of the Supreme Court (Corporations) Rules 1999 (NSW) seeks costs - Declined

COSTS — Party/Party — Court’s discretion — Whether indemnity costs should be ordered — Calderbank offer — Where terms of proposed settlement unclear — Where timeframe for acceptance was seven days — Where no genuine element of compromise COSTS — Party/Party — General rule that costs follow the event — Gross sum costs order — Standard of evidence required — Where no evidence of legal work completed or rates charged

CIVIL PROCEDURE – Strike out of parts of Defence - judgment on admissions – no arguable defence –judgment granted.

COSTS – Where only issue ultimately litigated by the parties is whether a valuer’s determination was in accordance with the contract – Plaintiff contended it was, defendant contended it was not – Plaintiff failed – No reason why costs should not follow the event – Where valuer was joined to the proceedings and filed a submitting appearance save as to costs – No good reason for the valuer to bear any costs

COSTS – Costs Orders – where Receiver sought directions in respect of various proposed adjustments to director loan accounts – where proceedings were in substance adversarial – where separable issues – apportionment of costs

CRIME – appeals – appeal against sentence – manifest excess – supply of firearms and prohibited weapons – possession and unlawful use of firearms – supply of illegal drugs – breaking and entering –totality and notional accumulation – where 50% discount was significantly eroded at the stage of aggregation – excessive accumulation – manifest excess established – applicant re-sentenced

CRIMINAL LAW – appeals – appeal against sentence – whether sentencing judge erred in his finding of no reduction to moral culpability on the basis of neurocognitive disorder – whether sentencing judge erred in his findings regarding general deterrence – De La Rosa principles

COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — No issue of principle

COSTS – No issue of principle

EQUITY — LIMITATION OF ACTION — Limitation Act 1969 (NSW) ss 14, 23 — Right of equitable contribution — Claim by a co-owner of real property for contribution from the other co-owner to payment of asserted co-ordinate liabilities in relation to the real property — Whether liabilities were co-ordinate and, if so, to what extent — Whether no right to equitable contribution arose because the payments were made without any intention of recovery or contribution — Whether, if there was otherwise a right to equitable contribution, the claim is statute-barred as being analogous to a claim in contract or quasi contract — HELD: no right of equitable contribution arose because the payments were made with the intention that they would not be recoverable — HELD: claim not statute barred as not analogous to a claim in contract or quasi contract

CONTRACTS – construction – where plaintiffs and defendants entered irrevocable offers deed concerning land at Campbelltown – where deed provides call and put options – whether plaintiffs have complied with obligation to provide requisite plan of subdivision – whether plan of subdivision provided to the defendant was “based upon” plan annexed to deed as varied – whether such plan is a Plan of Subdivision (Balance Land) as defined in the deed CONTRACTS – construction – where plaintiffs accept they have lost right to acquire Property 6 under the deed – whether plaintiffs have thereby lost right to call for remaining properties – whether deed has thereby ceased to be capable of performance according to its terms

AGENCY – authority of agent – implied actual authority – reason to infer board’s authorisation for one of its directors to sign on its behalf – Jones v Dunkel inferences drawn where no evidence from board AGENCY – service requirement under s 55(1)(c) of the Property, Stock and Business Agents Act 2002 (NSW) – circumstances militating in favour of ordering relief under s 55A from disentitlement to commission and expenses CIVIL PROCEDURE – pleadings – failure to raise issue in pleadings below – unfair to respondent to hold that counsel’s attempt to meet a point on the run was a concession that the point was in issue

JUDGMENTS AND ORDERS — Amending, varying and setting aside — Consent orders — Where based on contract between the parties

SUCCESSION – Costs – Where party unsuccessfully contests grant of probate relying on the presumption that the deceased destroyed her original will animo revocandi – Where it is not established that the original was in the possession of the deceased – Where there are compelling circumstances making it clear that any presumption of destruction or destruction animo revocandi has been rebutted – Where a codicil, although not properly witnessed, refers to and reaffirms the will and, in addition, has testamentary effect – Whether the unsuccessful party should have her costs out of the estate, which is a large one – HELD – The usual rule that costs follow the event should not be departed from and no order should be made for the payment of her costs out of the estate – Observations on the scope and the operations of the so called recognised exceptions in probate matters

PROBATE – Probate and administration – administration of estates – Administration pending contested probate suit – plaintiff is the named executor in both the deceased’s will and a codicil to that will – plaintiff is not a beneficiary of either the will or the codicil – contest as to whether the codicil should be admitted to probate – the deceased’s estate includes a nursery business requiring management and other estate assets which require superintendence pending the completion of the probate litigation – the defendant, a daughter of the deceased, is a substantial beneficiary of the will and a lesser beneficiary under the codicil plaintiff – the defendant’s experience of the plaintiff has caused her to deeply distrust him – the defendant applies for the appointment of an independent administrator – whether the plaintiff or an independent administrator should be appointed.

ADMINISTRATIVE LAW — review of medical assessment by appeal panel — judicial review of appeal panel decision — assessment of whole person impairment — deduction for previous injury or pre-existing condition or abnormality — jurisdictional error and error of law on face of the record — claims of misconception of statutory task and no evidence.

SUCCESSION — Burial Rights — Sudden death — Deceased whilst swimming suffered distress and was brought to shore but unable to be revived — Intestacy — Deceased held Russian Orthodox faith — Dispute between the plaintiff (deceased’s brother and only sibling) and the defendant (who claims to be the deceased’s “spouse” for intestacy purposes) in relation to carriage of funeral arrangements and acquisition of permanent interment rights SUCCESSION — Burial Rights — Case management — Parties seek determination regarding carriage of burial and acquisition of perpetual interment rights — Burial and initial acquisition of interment rights immediately addressed — Ultimate interest of the parties in rights of interment (perpetual or otherwise) separated from abovementioned preliminary matters — Orders for appointment of an interim administrator for expeditious dealing with custody of the deceased’s body and property and, in particular, carriage of burial of the deceased’s body, acquisition of initial interment rights without prejudice to ultimate determination of entitlement to rights of interment SUCCESSION — Burial rights — Practical guidance for dealing with disputed claims regarding custody of the deceased’s body, burial arrangements and acquisition of interment rights SUCCESSION — Interment rights — Types of interment rights explained — Differences between perpetual and renewable interment rights — Difference between pre-need rights and at-need rights — Discussion of means of acquisition and granting of interment rights — Discussion of content of interment rights and terms of interment right Model Contracts — Nature of joint holding rights explained — Discussion of transfer, gifting and other disposal of interment rights SUCCESSION — Interment rights — Discussion of regime for dealing with interment rights under Cemeteries and Crematoria Act 2013 (NSW) and Cemeteries and Crematoria Regulation 2022 (NSW) — Discussion of reform proposals and Interment Industry Scheme

COSTS – Party/Party – General rule that costs follow the event – Relevance of Model Litigant Policy for Civil Litigation – Where offer of compromise rejected – Where no better outcome achieved

APPEALS – procedure – stay of orders in District Court pending outcome of judicial review application in Court of Appeal – serious issue may be raised – no significant prospects of success on broadbrush view – balance of convenience taking account of risk of prejudice militates against stay CORPORATIONS – practice and procedure – security for costs – some delay in seeking security – no inference that ordering security would stifle proceedings – security appropriate – case of confined issues – sufficient for one junior counsel to appear in short hearing – broadbrush assessment of costs to be allowed

JUDGMENTS AND ORDERS – amending, varying and setting aside – correction under slip rule – application to vary order made on 20 February 2025 – where respondents commenced new proceedings – where respondents sought a winding up order in relation to first appellant – where respondent alleged that the second appellant was not the beneficial owner of units recorded in relevant unit trust – whether court of appeal judgment set aside an unchallenged declaration regarding the second appellants’ beneficial ownership of units in relevant unit trust – whether orders should be corrected under r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW)

COSTS — Party/Party — Orders against non-parties — Whether director and controller of plaintiff trustee company and discretionary trust a “real party” to litigation

CIVIL PROCEDURE – Interim preservation – freezing orders – where freezing order sought in aid of enforcement of County Court of Victoria default judgment – where plaintiff seeks freezing order against net proceeds of the defendant developer’s only Australian asset – freezing order within Australia and worldwide – orders made

BUILDING AND CONSTRUCTION – contract – cost plus contract for construction of residence – alleged breach of contract – whether plaintiff builder entitled to claim payment for outstanding invoices from defendant owners CONTRACT – construction – special condition – where contract obliged parties to cooperate to obtain the most competitive price for each element of trade or materials and obtain a minimum of quotations for each item – where builder did not obtain two quotations in relation to some items – where defendants resisted builder’s claim on basis that this was a breach of the provision – whether provision imposed obligation to obtain two quotations on the builder alone or rather on the parties jointly – whether provision merely exhortatory CONTRACT – implied terms – where plaintiff builder contends for implied term to the effect that it was not necessary for the plaintiff builder to obtain two quotes in some circumstances – where such term would be inconsistent with express term of the contract CONTRACT– damages – facilitation principle – whether owners’ damage to be measured by the difference between the cost and the reasonable value of the works not subject to two quotations –whether it would be just to permit owners belatedly to rely on the facilitation principle

PROCEDURE – notice of motion – application for leave to amend defences

ADMINISTRATIVE LAW – judicial review – referral of separate and distinct medical assessment matters under s 58 Motor Accidents Compensation Act 1999 (NSW) – s 58(1)(a) and (b) certificate confined to whether treatment relates to injury caused by motor vehicle accident and whether the treatment was reasonable and necessary in the circumstances – referral under s 58(1)(b) is not a determination of causation of injury generally – assessment of whole person impairment is a different medical assessment matter under s 58(1)(d) and includes separate determination of causation – no jurisdictional error – no legal unreasonableness – no practical injustice – proceedings dismissed

CORPORATIONS – approval of compulsory acquisition of shares from minority shareholders pursuant to s 664F of the Corporations Act 2001 (Cth) – standing requirements – procedural requirements – whether the shares are to be acquired at a fair value CORPORATIONS – application for order under s 1322(4)(a) of the Corporations Act 2001 (Cth) to extend the time for dispatch of the prescribed notice under s 665B(2) to holders of convertible securities – whether there is utility in requiring compliance with obligations in ss 665A and 665B of the Act within the period stipulated by the Act – extension of time granted

SUCCESSION — Family provision — Deceased survived by de facto spouse of a 27 year relationship and by his child from a prior marriage — Deceased left a relatively large estate including an interest in a matrimonial home Brightwaters purchased in 2019 and co-owned with the plaintiff —Deceased’s 2013 Will predated the acquisition of the Brightwaters property such that provision regarding a prior matrimonial property adeemed — Deceased’s relationship with the plaintiff had been conducted upon arrangements or understandings regarding financial responsibilities as between them and the nature of the testamentary disposition which the deceased proposed to make for her, which at no stage ever included all of his share in the matrimonial property so as to give her an outright interest in such property — Plaintiff claimed she had been left with inadequate provision in particular with respect to accommodation — Finding that there ought to be an order for provision that the plaintiff receive the deceased’s half interest in the Brightwaters (matrimonial) property SUCCESSION — Family provision — Claim for provision — For the Court to meaningfully assess claims, appropriate detail (such as how the claimant’s existing position is said to be inadequate and what is sought by way of provision) ought to provided — In particular where accommodation provision is sought, the evidence should include detail regarding the alleged inadequacy of the existing accommodation, alternative accommodation possibilities and, where one possibility is renovation or other work to be done in respect of existing accommodation, costing in that regard SUCCESSION — Family provision — Orders for provision — Nature of provision to be made — Whether absolute interest in matrimonial home, life estate, Crisp order, or other form of provision should be made — Finding that provision should be made for the plaintiff of an absolute interest in matrimonial home in addition to the interest she receives under the 2013 Will SUCCESSION — Family provision — s 61 Succession Act — Disregarding interests — Prior to the commencement of the hearing, no steps had been taken to locate and serve a potentially eligible child of the deceased’s first wife who appears to have lived with the deceased for a limited period of time, no more than a couple of years — Practitioners should ensure that potentially eligible persons are identified, located and served with a Notice of Claim or that evidence seeking to disregard their interests is marshalled and provided well prior to the hearing so that the hearing may proceed in an orderly way and completed, to avoid costs and uncertainty — Hearing was adjourned part-heard to allow for the necessity for a reasonable time to elapse consequent upon notices being served — s 61 determination ultimately made

COSTS – review of decision of Manager, Costs Assessment – where application for review of solicitors’ costs made out of time – where Manager, Costs Assessment granted the defendants an extension of time for assessment of costs charged to them – whether it would be just and fair to grant extension of time – extension of time just and fair in the circumstances

CONTRACTS – Interpretation of commercial contracts – Application of established principles.

PRACTICE – NSW Trustee and Guardian Act – Managed person – Private managers – Retention of services of external financial adviser – Protocol – Regulatory regime

NEGLIGENCE – effect of the primary judgment – causation – reopen – refused NEGLIGENCE – damages – non-economic loss –significant disablement of the plaintiff – 25% of the most extreme case – s 16(3) of the Civil Liability Act 2002 (NSW) NEGLIGENCE – damages – past economic loss – offer of full-time employment – calculation using award rate – reduction for time off work for inevitable total knee replacement regardless of injury NEGLIGENCE – damages – future economic loss – earning capacity – 15% discount for vicissitudes NEGLIGENCE – damages – superannuation – Fox v Wood NEGLIGENCE – damages – past treatment expenses – where past treatment expenses and past out-of-pocket expenses have the same source, the amount cannot be claimed twice NEGLIGENCE – damages – future treatment expenses NEGLIGENCE – damages – s 151Z of the Workers Compensation Act 1987 (NSW) – apportionment of damages between first and second defendants - interest COSTS – offer of compromise – whether indemnity costs should be awarded – no evidence of offer of compromise – costs ordered on an ordinary basis INTEREST – whether interest payable for damages – s 151M of the Workers Compensation Act 1987 (NSW) – interest payable by the first defendant

PROTECTIVE JURISDICTION – Protected estate management – Application for change of manager – Welfare and interests of protected person the paramount consideration – Loss of confidence in manager upon change of ownership and management policy – Countervailing considerations when change of policy, and resistance to change, affect orderly management – Protected estates financial advice protocol adopted – Costs reserved

COSTS – receivers – privately appointed receiver of company in liquidation brought appeal against another company in liquidation seeking to overturn decision of primary judge to depart from pro rata distribution – appeal failed – whether receiver should be ordered to pay costs of successful respondent – where acknowledgement that receiver liable for adverse costs requested but not provided – where security for costs not sought

APPEALS – leave to appeal – competency – monetary threshold – procedural irregularity in filing summons seeking leave not causing distinct prejudice APPEALS – procedure – time Limits – extension of time – reasonable explanation for delay in filing notice of appeal – delay significant but not substantial – no distinct prejudice to other party – no utility in granting extension for continuous failure to demonstrate reasonably or fairly arguable case on appeal CIVIL PROCEDURE – summary dismissal where no reasonable cause of action disclosed – pleadings – striking out – none of three attempts by appellant properly identify grounds of appeal beyond raising matters not in issue below or matters which would not establish that the proceeding was not statute-barred LIMITATION OF ACTIONS – suspension of time – plaintiff asserted to be under disability – restraint or detention in foreign country

CRIME – Bail – Appeal bail – Whether court had jurisdiction to hear and determine bail application – Where proceedings not “pending in the court” within the meaning of Bail Act 2013 (NSW), s 61 because notices of appeal not “duly given” for the purposes of Criminal Appeal Act 1912 (NSW), s 10(2) CRIME – Bail – Appeal bail – Whether applicants established “special or exceptional circumstances” to justify decision to grant bail

CRIME — Appeals — Appeal against sentence — By Crown against inadequacy — issue of totality and accumulation of the overall non-parole period — where respondent was serving three pre-existing sentences — whether undue weight placed on the non-parole period ratio and insufficient weight on other relevant sentencing factors including deterrence and denunciation — need to maintain public confidence in the administration of justice — whether Court should exercise residual discretion and re-sentence the respondent

COSTS – security for costs – application to release security monies paid into court by plaintiff – where first defendant successfully resisted enforcement of foreign default judgment CIVIL PROCEDURE – service of motion outside Australia – where uncertainty about service - where the foreign resident has failed to appear

CRIMINAL LAW – bail – repeated applications – change of circumstances – show cause requirement – assessment of bail concerns – no question of principle

CIVIL PROCEDURE – cross-vesting – Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) s 5(2) – alleged tort in Queensland – lex loci delicti – acts or omissions of hospital concerning plaintiff’s birth –physical and developmental disabilities – interests of justice – Queensland law substantially similar to NSW law – motion dismissed

CIVIL PROCEDURE – discontinuance in possession proceedings – judgment for possession given in May 2024 for one of two properties the subject of the loan agreement – second property now in hands of trustee in Bankruptcy – no utility further proceeding

CRIME – sentence – murder – plea of guilty – where victim was offender’s daughter’s partner – where conflict over property – whether sentence of life imprisonment should be imposed – whether full 25% discount for plea of guilty should be imposed – s 25F Crimes (Sentencing Procedure) Act 1999 (NSW) – where special circumstances

DAMAGES –– historical child sexual abuse –– where plaintiff’s calculations revised after order for recalculation of damages for future care –– plaintiffs recalculations and proposed orders accepted including in relation to an application for a gross costs order and continuation of a freezing order –– where defendant’s submissions were not received until after judgment published –– where no different result would have been arrived at had submissions been received earlier –– found no need for Court to act of its own motion to set judgment aside –– no further orders

CONTRACTS – claim for unpaid legal fees – where primary judge determined that various alleged oral contracts and variations of terms of retainer were inconsistent with written record – where primary judge preferred contemporaneous documents over honest recollection – whether the primary judge erred in factual findings as to the timeline of meetings between the parties – whether the primary judge erred in failing to find that the oral agreements contended by the appellant did occur.

Criminal practice – Directions to jury – Distress evidence – Where respondent found guilty of two sexual offences against complainant – Where evidence of pre-trial distress of complainant when making complaint – Where trial judge gave circumstantial evidence direction in relation to evidence of complainant's distress – Whether trial judge's directions in relation to use jury could make of pre-trial distress evidence gave rise to substantial miscarriage of justice – Whether substantial and compelling reasons for trial judge to warn jury of necessity of finding causal link between distress and offending – Whether substantial and compelling reasons for trial judge to warn jury that distress evidence generally carries little weight. Words and phrases – "causal connection", "circumstantial evidence", "complainant", "corroboration", "credibility", "direction", "distress", "distress accompanying complaint", "hearsay", "historical common law evidentiary rules", "indirect evidence", "jury", "miscarriage of justice", "pre-trial distress", "relevance", "sexual offence", "substantial and compelling reasons", "substantial miscarriage of justice", "unreliable", "weight". Evidence Act 2008 (Vic), ss 55, 56, 59, 66, 135, 136, 137, 164. Jury Directions Act 2015 (Vic), ss 16, 31, 34, 54K, 61, 62.

Australian Competition and Consumer Commission v J Hutchinson Pty Ltd Australian Competition and Consumer Commission v Construction, Forestry and Maritime Employees Union Competition and consumer law – Competition and Consumer Act 2010 (Cth) – Restrictive trade practices – Prohibition of contracts, arrangements, or understandings affecting the supply or acquisition of goods – Where head contractor succumbed to threat from union and terminated subcontract without any verbal (or written) assent being communicated to union – Whether sufficient to give rise to "understanding" in context of ss 45E(3) and 45EA of Competition and Consumer Act that head contractor succumbed to union's threat of industrial action by doing what was demanded under sanction of that threat. Words and phrases – "acceptance", "acquisition situation", "arrangement", "arrangement or understanding", "arriving at an understanding", "assent", "communication", "communication of acceptance", "communication of assent", "consensus", "contract, arrangement or understanding", "express or tacit communication", "giving effect to an understanding", "implied promise", "implied request", "inducement", "making a contract", "making an arrangement", "manifestations of mutual consent", "meeting of minds", "offer", "performance", "proscribed purpose", "reciprocity", "secondary boycott", "threat", "threat of industrial action", "unilateral contracts". Competition and Consumer Act 2010 (Cth), ss 45E, 45EA, 76.

Criminal practice – Appeal – Recorded evidence – Where principal evidence implicating respondent was alleged admissions in intercepted telephone calls and police interviews – Where recordings of principal evidence played to jury and tendered as exhibits – Where respondent appealed conviction on ground that verdict unreasonable or could not be supported having regard to the evidence – Where majority of Court of Criminal Appeal of New South Wales ("CCA") held reasonable doubt as to respondent's guilt – Where majority of CCA did not view or listen to recordings of principal evidence – Whether CCA erred in concluding reasonable doubt not capable of being explained away by jury's natural advantages in having listened to principal evidence without listening to recordings – Whether in failing to listen to or view principal evidence CCA failed to discharge appellate function described in M v The Queen [1994] HCA 63; (1994) 181 CLR 487. Words and phrases – "admissions", "advantage in seeing and hearing the evidence", "ascertaining the effect of the evidence visually or by sound", "beyond reasonable doubt", "circumstantial case", "consciousness of guilt reasoning", "credibility and reliability", "demeanour", "electronic exhibits", "extended joint criminal enterprise", "function of the appellate court", "generalised inference", "indispensable intermediate fact", "intercepted telephone calls", "joint criminal enterprise", "natural advantages of the jury", "procedural fairness", "real forensic purpose", "recorded evidence", "recorded witness testimony", "relevant or significant advantage", "tone of voice", "transcript", "unreasonable or could not be supported having regard to the evidence", "video recorded evidence". Criminal Appeal Act 1912 (NSW), s 6.

CZA19 v Commonwealth of Australia DBD24 v Minister for Immigration and Multicultural Affairs Constitutional law (Cth) – Judicial power of Commonwealth – Immigration detention – Detention without judicial order – Where following release from custody claimants taken into immigration detention under s 189(1) of Migration Act 1958 (Cth) ("Act") – Where s 196(1) of Act required claimants to be kept in immigration detention until removed from Australia, deported, or granted visa – Where claimants had pending application for protection visa – Where ss 198(1) and 198(6) of Act imposed duty upon officers to remove unlawful non-citizen from Australia as soon as reasonably practicable where request made in writing or visa application finally determined – Where Administrative Appeals Tribunal ("Tribunal") found claimants satisfied criterion for protection visa in s 36(2)(aa) of Act and were owed protection obligations – Where claimants were granted visa and released from immigration detention following Tribunal finding – Where claimants sought declaration that detention from time of Tribunal finding to release from immigration detention unlawful on basis that detention exceeded constitutional limitation identified in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; (2023) 97 ALJR 1005; 415 ALR 254 – Whether continuing detention of claimants exceeded constitutional limitation identified in NZYQ – Whether question of real prospect of removal from Australia becoming practicable in reasonably foreseeable future arose where each claimant had pending application for protection visa – Whether constitutional writ of mandamus available to compel performance of duty to consider claimants' visa applications. Immigration – Unlawful non-citizens – Where claimants detained as unlawful non-citizens under ss 189(1) and 196(1) of Act – Whether continuing detention of claimants authorised by ss 189(1) and 196(1) of Act. Words and phrases – "alien", "constitutional limitation expressed in NZYQ", "constitutional writ", "continuing detention", "damages", "depriving a person of their liberty", "disproportionality", "executive detention", "habeas corpus", "judicial power of the Commonwealth", "legitimate and non-punitive purpose", "Lim principle", "mandamus", "penal", "power or duty", "practicable", "protection finding", "punishment", "punitive", "real prospect", "reasonably capable of being seen as necessary", "reasonably foreseeable future", "removal from Australia", "statutory purpose", "unlawful non-citizen", "visa processing". Constitution, s 51(xix), Ch III. Migration Act 1958 (Cth), ss 5, 13, 36, 36A, 45, 47, 65, 189, 196, 197C, 198.

MENTAL HEALTH – Community treatment order (CTO) – where interim relief is sought for the affected person to evade compliance with a CTO – assessment of the balance of convenience of the CTO continuing where the administration of medication to the affected person is central to the CTO – abuse of process