Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EMK18 v Minister for Home Affairs [2018] FCA 1357 File number: VID 1076 of 2018
Judge: MORTIMER J
Date of judgment: 31 August 2018
Date of publication of reasons: 6 September 2018
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction requiring the provision to the applicants of urgent medical treatment – duty of care allegedly owed by respondents to applicants brought to Nauru under the Migration Act 1958 (Cth) – principles relevant to the grant of an interlocutory injunction – whether sufficient likelihood of success to justify grant – where the balance of convenience lies – injunction granted to require the respondents to transfer applicants to a location in Australia where they can be provided with urgent medical treatment
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG(1)(a) Migration Act 1958 (Cth), s 198AD, Subdiv B, Subdiv C, Pt 2
Cases cited: AYX18 v Minister for Home Affairs [2018] FCA 283 BAF18 as litigation representative for BAG18 v Minister for Home Affairs [2018] FCA 1060 DCQ18 v Minister for Home Affairs [2018] FCA 918 DJA18 as litigation representative for DIZ18 v Minister for Home Affairs [2018] FCA 1050 DRB18 v Minister for Home Affairs [2018] FCA 1163 DWE18 as litigation representative for DWD18 v Minister for Home Affairs [2018] FCA 1121 EHW18 v Minister for Home Affairs [2018] FCA 1350 FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 Plaintiff S99/2016 v Minister for Immigration and Border Protection [2016] FCA 483; 243 FCR 17
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