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Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia [2021] FCA 134 — BarristerAI

Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia

[2021] FCA 134

Federal Court of Australia25 February 2021

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Judges

Banks-smith J

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Case Details

Citation[2021] FCA 134

CourtFCA

JurisdictionCommonwealth

Decision Date25 February 2021

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Judgment

Judges

Banks-smith J

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia at [30]

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia at [37]

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