Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Knight v Commonwealth of Australia [2016] FCA 1160 File number: ACD 109 of 2015
Judge: BROMBERG J
Date of judgment: 15 September 2016
Catchwords: CONSTITUTIONAL LAW – Constitution, s 51(xxxi) – acquisition of property on just terms – where the applicant was denied payment under a reparation scheme established as an exercise of Commonwealth executive power – whether the constitutional guarantee of just terms for the acquisition of property under the Parliament's power to make laws pursuant to s 51(xxxi) extends to an exercise of executive power –no basis for concluding that the guarantee so extends – application dismissed
Legislation: Constitution s 51(xxxi) Judiciary Act 1903 (Cth) s 39B(1A)(b)
Cases cited: Attorney-General v Schmidt (1961) 105 CLR 361 Wurridjal v Commonwealth (2009) 237 CLR 309
Date of hearing: 15 September 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr T Begbie
Solicitor for the Respondent: Australian Government Solicitor
ORDERS ACD 109 of 2015
BETWEEN: JULIAN KNIGHT Applicant
AND: COMMONWEALTH OF AUSTRALIA Respondent
JUDGE: BROMBERG J DATE OF ORDER: 15 SEPTEMBER 2016
THE COURT ORDERS THAT:
1. The originating application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate