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R v Joske; Ex parte Shop Distributive and Allied Employees' Association

[1976] HCA 48 ; (1976) 135 CLR 194

High Court of Australia · 1976 · Find the judgment

Cited by 41 indexed judgments

All Applied or followed 5 Cited 36

1995: 3 citing judgments 1998: 1 citing judgment 1999: 1 citing judgment 2000: 2 citing judgments 2001: 4 citing judgments 2002: 3 citing judgments 2004: 1 citing judgment 2005: 1 citing judgment 2007: 1 citing judgment 2009: 5 citing judgments 2010: 1 citing judgment 2012: 1 citing judgment 2017: 10 citing judgments 2018: 2 citing judgments 2020: 1 citing judgment 2021: 1 citing judgment 2022: 1 citing judgment 2023: 1 citing judgment 2024: 1 citing judgment 1976 1980 1990 2000 2010 2020
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Sue v Hill [1999] HCA 30 Cited High Court of Australia · cited 104× · judgment
  2. Christopher Keily and Transport Workers Union of Australia (Victoria Branch) [1995] IRCA 41 Cited IRCA · judgment
  3. Gerrard v Mayne Nickless Ltd [1995] IRCA 25 Cited IRCA · judgment
  4. Derek Graham Nicholson v M Pitt, P Tighe, B Schmitt, R Cavanagh, J O'Brien, R Gerharty, R Hendricks, A Kenny, T Brady [1995] IRCA 618 Cited IRCA · judgment
  5. Tighe, Peter v Watson, Paul & Ors [1998] FCA 1100 Applied or followed Federal Court of Australia · judgment
  6. Yanner, in the matter of an application under the Torres Strait Islander Commission Act 1989 [2000] FCA 975 Cited Federal Court of Australia · cited 4× · judgment
  7. King v Automotive Food Metals Engineering Printing & Kindred Industries Union [2000] FCA 1900 Applied or followed Federal Court of Australia · cited 1× · judgment
  8. Yanner v Minister, Aboriginal & Torres Strait Islander Affairs [2001] FCA 36 Cited Federal Court of Australia · cited 1× · judgment
  9. Kingham v Sutton [2001] FCA 328 Cited Federal Court of Australia · cited 3× · judgment
  10. Kingham v Sutton (No 2) [2001] FCA 400 Cited Federal Court of Australia · cited 3× · judgment
  11. Patti v Haritou [2001] FCA 1795 Cited Federal Court of Australia · judgment
  12. Want v Foley [2002] FCA 452 Cited Federal Court of Australia · judgment
  13. Lawrence v Morris [2002] FCA 874 Cited Federal Court of Australia · judgment
  14. Resarta Pty Ltd v Finemore [2002] NSWCA 250 Cited NSW Court of Appeal · cited 5× · judgment
  15. Barry v Owens & Ors [2004] FCA 322 Cited Federal Court of Australia · judgment
  16. Gumana v Northern Territory of Australia [2005] FCA 50 Applied or followed Federal Court of Australia · cited 44× · judgment
  17. Thomas v Mowbray [2007] HCA 33 Cited High Court of Australia · cited 138× · judgment
  18. Conquo v Jackson [2009] FCA 45 Cited Federal Court of Australia · cited 10× · judgment
  19. Fegan v Jackson [2009] FCA 319 Cited Federal Court of Australia · cited 2× · judgment
  20. Fegan v Kathy Jackson [2009] FCA 338 Cited Federal Court of Australia · cited 2× · judgment
  21. Health Services Union, in the matter of Health Services Union [2009] FCA 829 Cited Federal Court of Australia · cited 9× · judgment
  22. Killesteyn, in the matter of an application for an inquiry in relation to an election for offices in the Australian Salaried Medical Officers’ Federation, Queensland Branch [2009] FCA 1311 Applied or followed Federal Court of Australia · cited 11× · judgment
  23. Ariff v Fong [2010] NSWSC 696 Cited Supreme Court of NSW · cited 3× · judgment
  24. Brown v Health Services Union [2012] FCA 644 Applied or followed Federal Court of Australia · cited 15× · judgment
  25. Rigney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 18 Cited Federal Court of Australia (Full Court) · cited 2× · judgment
  26. Lukic v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 29 Cited Federal Court of Australia (Full Court) · cited 1× · judgment
  27. Leahy v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 21 Cited Federal Court of Australia (Full Court) · cited 1× · judgment
  28. Dattilo v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 17 Cited Federal Court of Australia (Full Court) · cited 6× · judgment
  29. Shirvington v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 23 Cited Federal Court of Australia (Full Court) · judgment
  30. Tucev v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 19 Cited Federal Court of Australia (Full Court) · cited 1× · judgment
  31. Minici v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 24 Cited Federal Court of Australia (Full Court) · cited 3× · judgment
  32. Jelfs v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 27 Cited Federal Court of Australia (Full Court) · judgment
  33. Uren v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 30 Cited Federal Court of Australia (Full Court) · cited 2× · judgment
  34. Findlay v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 20 Cited Federal Court of Australia (Full Court) · cited 1× · judgment
  35. Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Cited NCAT Appeal Panel · cited 29× · judgment
  36. Conway v Fernandez [2018] FCA 1949 Cited Federal Court of Australia · cited 1× · judgment
  37. O'Connor v Setka [2020] FCAFC 195 Cited Federal Court of Australia (Full Court) · cited 7× · judgment
  38. Minister for Home Affairs v Benbrika [2021] HCA 4 Cited High Court of Australia · cited 32× · judgment
  39. O'Connor v Setka (No 2) [2022] FCA 151 Cited Federal Court of Australia · judgment
  40. Elliott-Carde v McDonald's Australia Limited [2023] FCAFC 162 Cited Federal Court of Australia (Full Court) · cited 20× · judgment
  41. Jolly v Sharma [2024] FCA 1511 Cited Federal Court of Australia · judgment

Tree of authority

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Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

This judgment is not in the index, so the authorities it cites are not known here. It is shown because indexed judgments cite it.

How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.