Recent Cases

Badari v Minister for Territory Families and Urban Housing [2025] HCA 47 (03 December 2025) (Gageler CJ; Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Statutes – Construction – Housing Act 1982 (NT), s 23 – Power of Minister to make determinations regarding rent to be paid for dwelling or class of dwelling – Where rent determined by Minister is to be paid despite anything to the contrary in existing tenancy agreement – Where Minister made determinations without giving notice to any tenant or inviting any tenant to make submissions on the proposed change in rent – Whether Minister owed duty to afford procedural fairness – Whether content of duty to afford procedural fairness included obligation to give hearing – Whether failure to afford procedural fairness was material – Whether determinations were legally unreasonable.

Words and phrases – “content”, “determination”, “duty of procedural fairness”, “eligible person”, “fair rent”, “general policy”, “individual rights and interests”, “judicial review”, “landlord”, “lease”, “legal unreasonableness”, “let a dwelling”, “materiality”, “natural justice”, “not adequately housed”, “prior notice”, “procedural fairness”, “public housing”, “rebate”, “remote communities”, “rent”, “residential accommodation”, “safety net”, “statutory power”, “submissions”, “tenancy agreement”, “tenant”.