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QJYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 962 — BarristerAI

QJYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCA 962

Federal Court of Australia15 August 2021

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Judges

Mckerracher J

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Case Details

Citation[2021] FCA 962

CourtFCA

JurisdictionCommonwealth

Decision Date15 August 2021

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Judgment

Judges

Mckerracher J

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

QJYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [30]

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.

QJYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [37]

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Judgment

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