Cth v BIS Cleanaway Limited

[2007] NSWSC 1075

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Constitutional Law
2. › OPERATION AND EFFECT OF COMMONWEALTH CONSTITUTION
3. › Judicial power
4. › “matter”
5. › where claim by Commonwealth for bare declaratory relief
6. › whether justiciable controversy.
1. Equity
2. › Remedies
3. › declarations
4. › discretion where claim for bare declaratory relief where declarations would not resolve whole controversy
5. › whether declaration appropriate.
1. Procedure
2. › Summary disposal
3. › where only proper exercise of discretion would be to decline final relief on discretionary grounds.
1. Procedure
2. › Stay of proceedings
3. › where related proceedings involving some common issues between different parties pending in different court
4. › whether one proceeding should be stayed.