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New judgments

Fri May 07 2021

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CBW20 [2021] FCAFC 63 - the Minister, in assuming (incorrectly) that the respondent was an unauthorised maritime arrival, formed an erroneous state of mind on the basis of a legal (and therefore jurisdictional), rather than factual error

Niz-Chavez v Garland, Supreme Court of the United States, Slip Opinion No. 19–863, April 29, 2021 - "At one level, today’s dispute may seem semantic, focused on a single word, a small one at that. But words are how the law constrains power. In this case, the law's terms ensure that, when the federal government seeks a procedural advantage against an individual, it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him. If men must turn square corners when they deal with the government, it cannot be too much to expect the government to turn square corners when it deals with them"

Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 - copyright, infringement, "musical work and literary work constituted by a famous rock song used in multi-media advertisements for a political party in an election campaign"

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