Social Security Act 1991 (Cth)
4. Family relationships definitions—couples
member of a couple has the meaning given by subsections (2), (3), (3A), (6) and (6A)
ad = added or inserted
am = amended
rs = repealed and substituted
_______________________________________________________________________
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s 4.......................................... |
am No 74, 1991; No 116, 1991; No 194, 1991; No. 81, 1992; No. 36, 1993; No 55, 1994; No 63, 1994; No 184, 1994; No 104, 1995; No 105, 1995; No 114, 1997; No 197, 1997; No 18, 1998; No 45, 1998; No 82, 1999; No 192, 1999; No. 106, 2000; No. 73, 2002; No. 52, 2004; No. 108, 2006; No 156, 2006; No 144, 2008; No 46, 2011; No 76, 2013; No 98, 2014; No 17, 2018; No 26, 2018 (Sch 5 item 41; Sch 7 item 7) |
1237A. Waiver of debt arising from error
Administrative error
|
s. 1237A................................ |
ad. No. 121, 1993 |
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am. No. 106, 1995 |
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rs. No. 143, 1995 |
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am. No. 84, 1996 |
121, 1993 Social Security (Budget and Other Measures) Legislation Amendment Act 1993 Bills Digest
106, 1995 Social Security Legislation Amendment (Family Measures) Act 1995 Bills Digest
43, 1995 Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 Bills Digest
84, 1996 Social Security Legislation Amendment (Budget and Other Measures) Act 1996 Bills Digest
To source cases on a section of legislation, use the Advanced Search templates on Westlaw Australia and Lexis Advance.
Add the legislation name and section number.
Results will include all cases that have cited that section of legislation.
Repeat this search for similar cases.
On the Advanced Search templates for cases, add the case citation or party names.
Results will include all cases that have cited the given case.
Specific Cases:
Secretary, Department of Family and Community Services v Sekhon [2003] FCA 76
Westlaw Australia Lexis Advance AustLII Jade
Groth v Secretary, Department of Social Security [1995] FCA 1708
Westlaw Australia Lexis Advance AustLII Jade
Social Security Act 1991 (Cth)
4. Family relationships definitions—couples
member of a couple has the meaning given by subsections (2), (3), (3A), (6) and (6A)
ad = added or inserted
am = amended
rs = repealed and substituted
_______________________________________________________________________
|
s 4.......................................... |
am No 74, 1991; No 116, 1991; No 194, 1991; No. 81, 1992; No. 36, 1993; No 55, 1994; No 63, 1994; No 184, 1994; No 104, 1995; No 105, 1995; No 114, 1997; No 197, 1997; No 18, 1998; No 45, 1998; No 82, 1999; No 192, 1999; No. 106, 2000; No. 73, 2002; No. 52, 2004; No. 108, 2006; No 156, 2006; No 144, 2008; No 46, 2011; No 76, 2013; No 98, 2014; No 17, 2018; No 26, 2018 (Sch 5 item 41; Sch 7 item 7) |
1237A. Waiver of debt arising from error
Administrative error
|
s. 1237A................................ |
ad. No. 121, 1993 |
|
|
am. No. 106, 1995 |
|
|
rs. No. 143, 1995 |
|
|
am. No. 84, 1996 |
121, 1993 Social Security (Budget and Other Measures) Legislation Amendment Act 1993 Bills Digest
106, 1995 Social Security Legislation Amendment (Family Measures) Act 1995 Bills Digest
43, 1995 Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 Bills Digest
84, 1996 Social Security Legislation Amendment (Budget and Other Measures) Act 1996 Bills Digest
To source cases on a section of legislation, use the Advanced Search templates on Westlaw Australia and Lexis Advance.
Add the legislation name and section number.
Results will include all cases that have cited that section of legislation.
Repeat this search for similar cases.
On the Advanced Search templates for cases, add the case citation or party names.
Results will include all cases that have cited the given case.
Specific Cases:
Secretary, Department of Family and Community Services v Sekhon [2003] FCA 76
Westlaw Australia Lexis Advance AustLII Jade
Groth v Secretary, Department of Social Security [1995] FCA 1708
Westlaw Australia Lexis Advance AustLII Jade
The National Intervarsity Women’s Mooting Tournament is aimed at addressing the equity issues facing women at the Bar and is the first established national moot in which all competitors must be female.
The first ground is to do with heads of power.
The second ground is to do with implied intergovernmental immunity.
Relevant search terms would be: quarantine power, external affairs power, immigration and citizenship power, biosecurity laws and COVID related laws.
| heads of power | external affairs | COVID |
|---|---|---|
| (head /3 power) | border | biosecur! |
| (emergency /5 power) | citizenship | (human /5 disease) |
| (legislat! /5 power) | enter! | epidemic |
| implied intergovernmental immunity | "external affairs" | infect! |
| immigration | isolat! | |
| ingress | outbreak | |
| international | pandemic | |
| overseas | quarantine | |
| transmiss! | ||
| virus |
power AND (disease OR epidemic OR infect! OR pandemic OR virus)
power AND (biosecur! OR border OR isolat! OR quarantine OR transmiss!)
(constitution! /25 power) AND (disease OR epidemic OR infect! OR pandemic OR virus)
[19.5.1160] The Commonwealth Parliament has power, under s 51(ix) of the Constitution, to make laws with respect to quarantine.
[20.5.10] The law of public health and infectious diseases concerns the control of diseases which pose a health risk or a threat to the public.
[20.5.670] The threat of a pandemic infection has been met by all jurisdictions with the introduction of or amendment to legislation allowing for the use of “emergency” powers.
350 — Public Health
(1) General Administration of Public Health
(3) Prevention and Control of Human Disease
(B) Quarantine/isolation measures
(C) Disease Control
Thomson Reuters, High Court Practice (online at 16 January 2020) [ACA69.20] 69 Transfer of certain departments
Logan, John, 'Pandemic Justice – An Historical Perspective' (2020) 94 Australian Law Journal 709
Pillai, Sangeetha, 'Is Australia’s India Travel Ban Legal? A Citizenship Law Expert Explains' (4 May 2021) The Conversation <https://theconversation.com/is-australias-india-travel-ban-legal-a-citizenship-law-expert-explains-160178>
Reynolds, Christopher, ‘Quarantine in Times of Emergency: The Scope of s 51(ix) of the Constitution’ (2004) 12(2) Journal of Law and Medicine 166 <https://librarysearch.murdoch.edu.au/permalink/61MUN_INST/3bciql/cdi_gale_infotracmisc_A136937449>
Twomey, Anne, 'Part of the Legal Challenge to the India Travel Ban Has Been Comprehensively Defeated — Here’s Why' (10 May 2021) The Conversation <https://theconversation.com/part-of-the-legal-challenge-to-the-india-travel-ban-has-been-comprehensively-defeated-heres-why-160624>
Advanced search: Constitution s 51(ix)
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (The Engineers' Case) (1920) 28 CLR 129
National Emergency Declaration Act 2020
(National Emergency Declaration Bill 2020 Home Page and National Emergency Declaration (Consequential Amendments) Bill 2020 Home Page)
https://www.deakin.edu.au/law/study-opportunities/alfred-deakin-ica-moot
United Nations Commission on International Trade Law (UNCITRAL)
International Institute for the Unification of Private Law (UNIDROIT)
International Sale of Goods (CISG)
Jurisdiction for international commercial arbitration
Anti suit clause in international commercial arbitration
CISG and how to find relevant commentary
| commercial arbitration | non-conforming goods | anti suit clause | jurisdiction |
|---|---|---|---|
| arbitral tribunal | defect! | anti suit | arbitral seat for a similar order |
| commercial arbitration | failure to meet specifications | commencing or continuing proceedings | jurisdiction |
| dispute resolution | faulty | forum non conveniens | law of the seat |
| nonconform! | |||
| non-conform! |
international /75 (commercial /25 (arbitration OR (dispute /5 resol!)))
(international /75 (commercial /25 (arbitration OR (dispute /5 resol!)))) AND jurisdiction
(international /25 arbitration) AND (non-conform! /5 goods)
(international /75 (arbitration OR (dispute /5 resol!))) AND (((fail! /5 specifi!) OR non-conform! OR nonconform!) /5 good!)
(international /75 (commercial /25 (arbitration OR (dispute /5 resol!)))) AND (((fail! /5 specifi!) OR non-conform! OR nonconform!) /5 good!)
International Chamber of Commerce (ICC) Rules of Arbitration
United Nations Commission on International Trade Law - International Commercial Arbitration
The Laws of Australia:
[13.7.1590] In the early stages of arbitral proceedings, the parties are expected to define the issues that they require the tribunal to determine and to alert the other side to the case which it is required to meet.
[13.7.40] International arbitration in Australia is governed by the International Arbitration Act 1974 (Cth).
[24.3.270] The contract of sale is fundamental to the international trade of goods: it contains the details of the parties (the seller and the buyer), subject matter of the sale, and consideration supporting the transaction.
[24.3.530] Where goods have been delivered before the date fixed for delivery, a seller may correct any defect in the goods.
[24.3.560] Article 40 of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (1980) 1489 UNTS 3; 19 ILM 668; [1988] ATS 32 provides that a seller is not entitled to rely on Art 38 (see [24.3.540]) or Art 39 (see [24.3.550]) if lack of non-conformity in the goods relates to facts of which he or she knew or ought to have known and did not disclose to the buyer.
[24.3.650] According to Art 50 of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (1980) 1489 UNTS 3; 19 ILM 668; [1988] ATS 32, a further remedy is available to the buyer if the goods do not conform to the contract.
Oxford Legal Research Library - International Commercial Arbitration:
> International Commercial Arbitration
>> Browse by Subject
>>> Settlement of disputes
Westlaw Australia Commentary
Filter by:
Holmes, Malcolm, ‘Drafting an effective international arbitration clause’ (2009) 83(5) Australian Law Journal 305 <https://librarysearch.murdoch.edu.au/permalink/61MUN_INST/3bciql/cdi_rmit_agispt_search_informit_org_doi_10_3316_agispt_20092649>
'Inside Arbitration: ASIS to the Rescue Using Anti-Suit Injunctions to Protect an Arbitration Agreement' (25 February 2021) Legal Briefings <https://www.herbertsmithfreehills.com/latest-thinking/inside-arbitration-asis-to-the-rescue-using-anti-suit-injunctions-to-protect-an>
Competition and Consumer Act 2010 (Cth)
International Arbitration Act 1974 (Cth)
Advanced search: Constitution s 51(ix)
Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” - UK case - confirmed that the court of the seat is the appropriate court to grant anti-suit relief; forum non conveniens (Latin for 'inconvenient/inappropriate forum') considerations do not apply
Laminex (Aust) Pty Ltd v Coe Manufacturing Co [1998] ATPR 41-610
United Group Rail Services Ltd v Rail Corporation (NSW) (2009) 74 NSWLR 618
Legislative power of the Commonwealth Parliament
https://drive.google.com/file/d/14fF7el-1Un1ELk3apEXtrNfKzU1ILJNk/view
The first ground is to do with heads of power.
The second ground is to do with implied intergovernmental immunity.
Relevant search terms would be: quarantine power, external affairs power, immigration and citizenship power, biosecurity laws and COVID related laws.
| heads of power | external affairs | COVID |
|---|---|---|
| (head /3 power) | border | biosecur! |
| (emergency /5 power) | citizenship | (human /5 disease) |
| (legislat! /5 power) | enter! | epidemic |
| implied intergovernmental immunity | "external affairs" | infect! |
| immigration | isolat! | |
| ingress | outbreak | |
| international | pandemic | |
| overseas | quarantine | |
| transmiss! | ||
| virus |
power AND (disease OR epidemic OR infect! OR pandemic OR virus)
power AND (biosecur! OR border OR isolat! OR quarantine OR transmiss!)
(constitution! /25 power) AND (disease OR epidemic OR infect! OR pandemic OR virus)
The Laws of Australia:
[19.5.1160] The Commonwealth Parliament has power, under s 51(ix) of the Constitution, to make laws with respect to quarantine.
[20.5.10] The law of public health and infectious diseases concerns the control of diseases which pose a health risk or a threat to the public.
[20.5.670] The threat of a pandemic infection has been met by all jurisdictions with the introduction of or amendment to legislation allowing for the use of “emergency” powers.
Halsbury's Laws of Australia:
350 — Public Health
(1) General Administration of Public Health
(3) Prevention and Control of Human Disease
(B) Quarantine/isolation measures
(C) Disease Control
Thomson Reuters, High Court Practice (online at 16 January 2020) [ACA69.20] 69 Transfer of certain departments <https://librarysearch.murdoch.edu.au/permalink/61MUN_INST/1d4705v/alma991005534631807891>
Logan, John, 'Pandemic Justice – An Historical Perspective' (2020) 94 Australian Law Journal 709 <https://librarysearch.murdoch.edu.au/permalink/61MUN_INST/3bciql/cdi_rmit_agispt_search_informit_org_doi_10_3316_agispt_202009170368>
Pillai, Sangeetha, 'Is Australia’s India Travel Ban Legal? A Citizenship Law Expert Explains' (4 May 2021) The Conversation <https://theconversation.com/is-australias-india-travel-ban-legal-a-citizenship-law-expert-explains-160178>
Reynolds, Christopher, ‘Quarantine in Times of Emergency: The Scope of s 51(ix) of the Constitution’ (2004) 12(2) Journal of Law and Medicine 166 <https://librarysearch.murdoch.edu.au/permalink/61MUN_INST/3bciql/cdi_gale_infotracmisc_A136937449>
Twomey, Anne, 'Part of the Legal Challenge to the India Travel Ban Has Been Comprehensively Defeated — Here’s Why' (10 May 2021) The Conversation <https://theconversation.com/part-of-the-legal-challenge-to-the-india-travel-ban-has-been-comprehensively-defeated-heres-why-160624>
Advanced search: Constitution s 51(ix)
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (The Engineers' Case) (1920) 28 CLR 129
National Emergency Declaration Act 2020
(National Emergency Declaration Bill 2020 Home Page and National Emergency Declaration (Consequential Amendments) Bill 2020 Home Page)
Source Cases
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Mooting texts are shelved at 340.0711.
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Australian Case Citators
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