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Farah Constructions v Say-Dee Pty Ltd, also known as Farah, is a decision of the High Court of Australia. [1] The case was influential in developing Australian legal doctrines relating to equity, property, unjust enrichment, and constructive trusts, [2] as well as the doctrine of precedent as it applies in Australia.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
The Engineers case arose out of a claim lodged by the Amalgamated Society of Engineers against the Adelaide Steamship Company in the Commonwealth Court of Conciliation and Arbitration for an award relating to 844 employers across Australia. [1] In Western Australia, the employers included three governmental employers. The question was whether a ...
Kable v DPP, [1] is a decision of the High Court of Australia.It is a significant case in Australian constitutional law. The case is notable for having established the 'Kable Doctrine', a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the judicial role.
But the leading definition in Australia is the "criterion, satisfaction of which enlivens the power of the decision-maker" found in Enfield. [ 12 ] These criteria of jurisdiction are created by and operate through statute, [ 13 ] and may be subjective, [ 14 ] or objective in nature and may also be a complex of interactions.
‘A dangerous precedent’: Hawaii property owner left stunned after $500K home was mistakenly built on her Paradise Park lot. Now she’s being sued. Serah Louis. April 3, 2024 at 2:57 AM
In Australia, the doctrine of intergovernmental immunity defines the circumstances in which Commonwealth laws can bind the States, and where State laws can bind the Commonwealth. This is distinct from the doctrine of crown immunity , as well as the rule expressed in Section 109 of the Australian Constitution which governs conflicts between ...
In the Engineers Case (1920), [4] the High Court of Australia swept away the earlier doctrines of implied intergovernmental immunities and reserved State powers, firmly establishing the modern basis for the legal understanding of federalism in Australia. The Court also rejected the use of American precedent and said that they would apply the ...