Question
Case review: Read the extract of Spencer v Commonwealth (2010) 241 CLR 118 in paragraph 13.4.7C of Colbran et al, (Kumar 15.140) or https://www.austlii.edu.au/cgibin/viewdoc/au/cases/cth/HCA/2010/28.html a)
Case review:
Read the extract of Spencer v Commonwealth (2010) 241 CLR 118 in paragraph 13.4.7C of Colbran et al, (Kumar 15.140) or https://www.austlii.edu.au/cgibin/viewdoc/au/cases/cth/HCA/2010/28.html
a) What are the facts of this case?
b) What were the issues for determination?
c) What did the court determine?
d) What reasoning did the court adopt?
e) What elements must be satisfied for judgment to be given under s31A of the Federal Court Act?
f) What is meant by "no reasonable prospect"?
g) Is it necessary to show certainty of failure?
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Business Law and the Legal Environment
Authors: Jeffrey F. Beatty, Susan S. Samuelson
5th edition
324663525, 324663528, 1133587496, 978-1133587491
