The Resurgence of the Kable principle

International Finance Trust Company

Ayowande A. McCunn

Research output: Contribution to journalArticle

Abstract

The paper considers the development of the Kable principle. In particular, it considers the High Court of Australia's judgment in International Finance Trust Company, which is only the second case where the Kable principle was applied by the High Court to invalidate State legislation. The case itself concerned the Criminal Assets Recovery Act which allowed the New South Wales Crime Commission to apply on an ex parte basis to the Supreme Court of New South Wales to seek a freezing order over the property of individuals. The legislation required the Supreme Court to grant an order on the basis of a suspicion held by the Crime Commission.
Original languageEnglish
Pages (from-to)110-131
Number of pages22
JournalJames Cook University law Review
Volume17
Issue number1
Publication statusPublished - 2010
Externally publishedYes

Keywords

  • Kable
  • International Finance Trust Company
  • Integrated Court System
  • New South Wales Supreme Court
  • Ex Parte
  • Criminal Assets Recovery Act
  • New South Wales Crime Commission
  • Separation of Powers, Separation of Judicial Power
  • Judicial Process, Institutional Integrity
  • Procedural Fairness
  • High Court of Australia
  • New South Wales
  • Totani
  • Judicial Power

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