On 25 July 2011 the Gillard Government announced an agreement with Malaysia to transfer asylum seekers arriving by boat in Australia waters to Malaysian territory, after the agreement was legally in effect. This decision was challenged by application to the High Court of Australia.
Here are excerpts from Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 v Minister for Immigration and Citizenship  HCA 32 (31 August 2011).
FRENCH CJ, GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ presiding.
GUMMOW, HAYNE, CRENNAN AND BELL JJ.:
Conclusion and orders
199. It is not necessary to deal with an alternative argument advanced by the defendants which relied on s 198 of the Act.
200. Each Amended Application should be dismissed with costs.
Full judgment transcript here.
* This post was emended for name error and dissenting judgment included