MAHARAJ, Sashi QC

Enquiry / Availability

MAHARAJ, Sashi QC


Sashi is a leading advocate who practises predominantly in the Federal Court nationally in the following areas: administrative law, migration, taxation, law enforcement and regulatory law, corporate and personal insolvency, corporations law, constitutional law, consumer protection and trade practices, superannuation, and veterans’ law.

As senior counsel, Sashi has held a national retainer since 2007 for significant law enforcement litigation and advising work on behalf of the Commonwealth. As junior counsel she was retained to conduct immigration cases for the Commonwealth. She has conducted in excess of 200 migration matters including Full Court appeals involving test points in the Federal Court on behalf of the Commonwealth.

She has appeared as lead counsel in (a) well in excess of 100 Full Court of the Federal Court appeals (b) several State Supreme Court appeals and (c) well in excess of 300 first instance matters in the Federal Court involving significant test points and statutory construction issues involving federal law matters. She has also appeared as junior to the Solicitor General of the Commonwealth in several significant High Court matters for the Commonwealth.

Some of the more notable appearances are as follows:

Full Court of the Federal Court

Sashi has appeared as lead counsel in the following significant appeals involving federal laws:

  • Australian Crime Commission v NTD8 (No 2); Australian Crime Commission v NTD8 - (Test cases on Commonwealth's NT intervention)
  • Commissioner of the Australian Federal Police v Oke - (Legality of AFP search warrants tested)
  • JJ v Board of the Australian Crime Commission; C Incorporated v Australian Crime Commission; S v Australian Crime Commission; CC Pty Ltd v Australian Crime Commission; P* v Board of the Australian Crime Commission; GG v Australian Crime Commission

(Administrative Law – statutory construction – test cases on legality of executive acts of the Australian Crime Commission)

  • SBEG v Secretary, Department of Immigration and Citizenship - (Migration law involving test points – whether permanent injunctive relief can be given regulating form of detention – choice of law – application of State laws to negligence claim against Commonwealth)
  • Repatriation Commission v Butcher; Repatriation Commission v Stoddart; Lees v Repatriation Commission; Repatriation Commission v Richmond

(Construction of significant provisions of the Veterans’ Entitlements Act 1986 (Cth))

  • Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri - (Mandatory detention of an unlawful non-citizen pending removal from Australia – whether continued detention authorised where no real likelihood or prospect of removal in the reasonably foreseeable future)
  • Comcare v Simmons; Australian Postal Corporation v Sinnaiah

(Construction of significant provisions of the Safety, Rehabilitation and Compensation Act 1988 (Cth))

High Court matters

Sashi acted as junior to the Solicitor General of the Commonwealth in the following significant matters involving federal laws:

  • Al-Kateb v Godwin - (Detention power of the Commonwealth under the Migration Act tested)
  • Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji - (Judicial power – Immigration)
  • Re Macks - (Jurisdiction of Federal Court – cross-vesting legislation. Inconsistency – Invalidity under Chapter III – Whether State laws repugnant to federal judicial power)
  • Emanuele v ASIC and Commissioner of Taxation - (Companies – Winding up in insolvency – Corporations Law)
  • Byrnes v R - (Constitutional Law – Inconsistency of laws)

Significant Supreme Court matters including Full Court Appeals

Sashi has acted as lead counsel in the following significant cases:

  • DBH v Australian Crime Commission & Ors (Qld Court of Appeal) - (Coercive powers of the Australian Crime Commission tested)
  • Australian Crime Commission v Marrapodi (WA Court of Appeal) - (Jurisdiction – Commonwealth’s coercive powers tested)
  • H Ltd v J (SA Supreme Court) - (Test case on whether court has jurisdiction to make declarations about right to take one’s life - Commonwealth Constitution)
  • DBH v Australian Crime Commission & Ors (Qld Court of Appeal) - (Disclosure of confidential coercive examination material)
  • Onesteel Trading Pty Ltd v Ewing International Limited Partnership & Ors (SA Full Court) - (Practice and procedure on appeals)
  • Securency prosecutions involving Reserve Bank subsidiary employees - (Vic Supreme Court) (Intervention by the Commonwealth in the criminal trials to make submissions on important statutory construction issues involving Federal laws)

Other Federal Court significant cases in which she has acted as lead counsel

(Cases involving corporate and personal insolvency and corporations law issues - and taxation issues - involving several test points)

  • Salerno v National Crime Authority & Ors - (Challenge to legality of law enforcement activities)
  • NATB v Minister for Immigration- (Removal of unlawful non-citizen from Australia - duty of officer to remove the non-citizen "as soon as reasonably practicable")

Prior to coming to the Bar, Sashi was an Associate to the Chief Justice of Tasmania, Sir Guy Green and was then employed with the Australian Government Solicitor rising to the ranks of Senior Executive Officer and In House Counsel. As In House Counsel for the AGS she appeared as lead counsel in a wide range of federal law matters including public and administrative law, tax, veterans matters, migration, corporate and personal insolvency, trade practices and constitutional law matters. She has attracted consistent favourable mention in the Doyles Guide to Best Barristers. Sashi is a graduate of University of Tasmania where she was awarded the Dean’s Prize in Law and Society.

MEMBERSHIPS AND ASSOCIATIONS

Deputy Chair of the Disciplinary Appeals Tribunal (SA)

Chair of the Women at the Bar Committee (SA)

Member of the Australian Constitutional Law Association

Member of SA Bar Council

Member of Civil and Commercial Law Committee of SA Bar

Mentor of the Indigenous Law Students


 

Back to List | Print Page




Page Top

AVAILABILITY

* Required

Title

First Name *

Last Name *

Email Address *

Phone Number

Preferred Date *

Comments

Join Dever's List

Are you interested in joining our list?

Read More

CPD Seminars

Subscribe to CPD Session Announcements.

Subscribe

McPhee Mediation Centre

Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.

Phone: 9670 4003

Email: McPheeMediation@gmail.com


 

Read More