- Minister for Immigration and Border Protection v WZARH  HCA 40
- The Queen v Pham  HCA 39
- North Australian Aboriginal Justice Agency Limited v Northern Territory  HCA 41
- Firebird Global Master Fund II Ltd v Republic of Nauru  HCA 43
- Macoun v Commissioner of Taxation  HCA 44
- Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd  HCA 45
- Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate  HCA 46
- Commissioner of Taxation v Australian Building Systems Pty Ltd (In Liq)  HCA 48
- Allen v Chadwick  HCA 47
Procedural fairness – ‘legitimate expectation’ – change in decision-maker without notice to the applicant
In Minister for Immigration and Border Protection v WZARH  HCA 40 (4 November 2015) the respondent had been interviewed by a reviewer who was unable to finish the matter and give a decision. A second reviewer did not interview the respondent and did not inform him of the change. The High Court held that, in the circumstances, the failure to inform the respondent and to give him a chance to be heard on the procedure that should follow the change of decision-maker was unfair and a breach of procedural fairness.
The Court also confirmed that the concept of ‘legitimate expectation’ is unnecessary and unhelpful. Kiefel, Bell and Keane JJ jointly; Gageler and Gordon JJ jointly concurring. Appeal from Full Federal Court dismissed.