Recent Cases

Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 [2020] HCA 43 (02 December 2020) (Kiefel CJ, Bell, Gageler, Keane and Gordon JJ)


Immigration – Regional processing – Statutory bar on legal proceedings – Where s 494AB(1) of Migration Act 1958 (Cth) provided that certain “proceedings against the Commonwealth may not be instituted or continued in any court” – Where those proceedings, listed in s 494AB(1)(a)-(d), were all “proceedings relating to” a particular subject matter – Where proceedings in s 494AB(1)(b) further defined by reference to time period – Where s 494AB(3) provided that nothing in section intended to affect jurisdiction of High Court under s 75(v) of Constitution – Where respondents, while in regional processing country, instituted proceedings in Federal Court of Australia alleging Commonwealth breached duty of care to provide adequate medical treatment on Nauru – Where Commonwealth alleged Federal Court did not have jurisdiction by reason of s 494AB(1)(a), (ca) or (d) – Whether s 494AB(1) limited jurisdiction or barred remedy – Whether respondents’ proceedings in Federal Court engaged s 494AB(1).

Words and phrases – “bars the remedy”, “duty of care”, “instituted or continued”, “jurisdiction”, “medical treatment”, “model litigant”, “model litigant obligations”, “Nauru”, “negligence”, “plead as a defence”, “proceedings against the Commonwealth”, “proceedings relating to”, “regional processing”, “removal”, “transitory person”, “under”.