High Court of Australia Bulletin [2014] HCAB 6 (25 August 2014)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated.

1: CASES HANDED DOWN

The following cases were handed down by the High Court of Australia during the August 2014 sittings.

Constitutional Law

Pollentine & Anor v Bleijie & Ors

Constitutional law – Constitution, Ch III – Institutional integrity of State courts – Section 18(1) of Criminal Law Amendment Act 1945 (Q) allowed trial judge to direct two or more medical practitioners to inquire as to mental condition of person found guilty of offence of sexual nature committed upon or in relation to child – Where medical practitioners report that offender is incapable of exercising proper control over offender's sexual instincts, s 18(3) allowed trial judge to declare offender to be so incapable and to direct offender to be detained in institution during Her Majesty's pleasure – Section 18(5) required offender to be detained and not to be released until Governor in Council satisfied on report of two legally qualified medical practitioners that it is expedient to release offender – Plaintiffs found guilty of committing sexual offences against children – Plaintiffs declared to be incapable of exercising proper control over sexual instincts – Plaintiffs detained in institution at Her Majesty's pleasure – Whether s 18 repugnant to or incompatible with institutional integrity of State courts.

Words and phrases – “during Her Majesty's pleasure”, “expedient to release”, “institutional integrity”, “is incapable of exercising proper control over ... sexual instincts”.

Criminal Law

Fitzgerald v The Queen

Criminal law − Evidence − DNA evidence − Where appellant's DNA obtained from object found at crime scene − Whether DNA evidence sufficient to establish beyond reasonable doubt appellant's presence at, and participation in, crime committed.

Words and phrases − “DNA evidence”, “joint enterprise”, “primary transfer”, “secondary transfer”.

Evidence

Honeysett v R

Evidence – Admissibility – Opinion evidence – Section 79(1) of Evidence Act 1995 (NSW) exception for evidence of opinion based wholly or substantially on specialised knowledge based on training, study or experience – Prosecution adduced evidence of anatomist regarding physical characteristics common to persons depicted in images – Whether opinion based wholly or substantially on specialised knowledge.

Words and phrases – “opinion rule”, “specialised knowledge”, “training, study or experience”, “wholly or substantially”.

Versi v The Queen

Evidence – Admissibility – Evidence Act 1995 (NSW) ss 98(1), 137 or 101(2) – Complainant gave evidence admitted in relation to one count of indecency on person under 16 years of age – Whether evidence inadmissible on basis that it did not have significant probative value or that probative value was outweighed by danger of unfair prejudice to applicant or that probative value did not substantially outweigh prejudicial effect on applicant – Whether admitted evidence treated improperly by being given undue weight and being used to support finding of guilt on count for which it was not admitted – Whether there was miscarriage of justice.

2: CASES RESERVED

The following cases have been reserved or part heard by the High Court of Australia.

Constitutional Law

Tajjour v State of New South Wales & Anor; Hawthorne v State of New South Wales & Anor; Forster v State of New South Wales & Anor

Constitutional law − Limitation on State legislative power – Crimes Act 1900 (NSW) (“Act”) s 93X − Implied freedom of association – Whether s 93X of Act impermissibly burdens implied freedom of association.

Constitutional law – Limitation on State legislative power – Implied freedom of political communication – Whether s 93X of Act impermissibly burdens implied freedom of political communication.

Constitutional law – Commonwealth executive power conferred by s 61 of the Constitution – Exercise of executive power ratifying International Covenant on Civil and Political Rights article 22 – Whether s 93X of Act undermines executive power of Commonwealth in circumstances where it restricts exercise of freedom of association.

Contract Law

Commonwealth Bank of Australia v Barker

Contract law – Employment contracts – Implied terms – Whether common law requires employment contracts contain implied term that employer will not, without reasonable cause, conduct itself in manner likely to destroy or seriously damage relationship of confidence and trust between parties – Whether, if so, to what extent implied term requires employer to take account redundancy of employee’s position prior to making decision to terminate, particularly in circumstances where express contractual right of termination on notice exists – Whether, if so, damages are available for breach.

Criminal Law

Kentwell v The Queen; O'Grady v The Queen

Criminal law – Criminal Appeal Act 1912 (NSW) (“Act”) – Muldrock error established in sentencing – Appellant sought extension of time in which to seek leave to appeal against sentence under s 5(1)(c) of Act – Whether applicant for extension of time must establish that refusal of extension would result in substantial injustice – If so, whether assessment of substantial injustice can be conducted in summary fashion

Insurance

Maxwell v Highway Hauliers Pty Ltd

Insurance – Insurance Contracts Act 1984 (Cth) s 54 – Insurance contract covered accidental damage to Respondent's trucks and trailers – Claims made by Respondent for damage to vehicles being driven by drivers who had not satisfactorily completed driver test as required by insurance contract – Failure to complete test did not cause or contribute to loss – Whether Respondent's failure to comply with insurance contract constituted inherent restriction or limitation upon the scope of cover provided by Appellant – Whether Appellant obliged to indemnify Respondent by reason of s 54(1) – Whether court below erroneously considered interpretative approach taken in Johnson v Triple C.

Migration

Plaintiff S4/2014 v Minister for Immigration and Border Protection & Anor

Migration – Refugees – Plaintiff was unlawful non-citizen upon entry in Australia – By reason of amendments to Migration Act 1958 (Cth) (“Act”), plaintiff became unauthorised maritime arrival within meaning of s 5AA(1) of Act – Without notice, Minister granted plaintiff Temporary Safe Haven (TSH) visa and Temporary Humanitarian Concern (THC) visa – Plaintiff applied for protection visa – Minister did not consider application for protection visa valid – Whether the grant of TSH and THC visas were invalid – If so, whether Minister is bound to determine that s 46A(1) of Act does not apply to plaintiff's application for protection visa.

Patents

Alphapharm Pty Ltd v H Lundbeck A/S & Ors

Patents – Patents Act 1990 (Cth) (“Act”), s 223(2)(a) – First respondent patentee applied to Commissioner of Patents to extend term of its patent under s 70(1) of Act – Commissioner of Patents granted extension of term – Extension of term later revoked and removed from Register according to orders of Full Federal Court – First respondent applied to Commissioner of Patents for extension of time within which to file second application to extend term of patent – Commissioner of Patents granted extension of time – Decision appealed to Administrative Appeals Tribunal (“AAT”) which affirmed Commissioner's decision to grant extension of time – Whether s 223(2)(a) of Act conferred power on Commissioner of Patents to extend time for seeking an extension of term of patent under s 70(1) of Act – Whether exercise of discretion to extend time was manifestly unreasonable in circumstances where the applicant for extension failed to apply promptly for extension – Whether appellant had to demonstrate significant and specific prejudice or hardship to disentitle first respondent to extension – Whether AAT failed to take into account relevant considerations and took into account irrelevant considerations.

Tort Law

Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor

Torts – Negligence – Pure economic loss – Builder and developer of commercial premises bargained detailed contract in which developer was protected against liability for defective design and construction – Whether developer was concurrently owed duty of care by builder to exercise reasonable care in construction of building to avoid pure economic loss due to latent defects – Whether relationship between builder and developer disclosed vulnerability on part of developer – Whether successor in title was owed duty of care by builder to avoid pure economic loss due to latent defects.

Trade Marks

Cantarella Bros Pty Limited v Modena Trading Pty Ltd

Trade marks – Trade Marks Act 1995 (Cth) s 41(3) – Trade marks registered in relation to coffee products – Whether Italian words “oro” and “cinque stelle” inherently adapted to distinguish the goods of the registered owner – Whether “signification which they ordinarily possess” references ordinary signification as understood by members of public or, alternatively, references ordinary signification as understood by traders – Whether the principle is applied differently to foreign language words that do not have commonly understood meaning in Australia.

3: ORIGINAL JURISDICTION

The following cases are ready for hearing in the original jurisdiction of the High Court of Australia.

Constitutional Law

See also Migration: CPCF v Minister for Immigration and Border Protection and Anor

Kuczborski v The State of Queensland

Constitutional law – Limitation on State legislative power – Vicious Lawless Association Disestablishment Act 2013 (Qld), s 7 – Criminal Code (Qld), ss 60A, 60B(1) and 60C – Bail Act 1980 (Qld), s 16(3A) – Whether provisions are invalid on ground that they infringe Kable principle.

Standing – Whether plaintiff has standing to seek declaration that provisions are invalid.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ors v Queensland Rail and Anor

Constitutional law – Commonwealth Constitution, ss 51(xx) and 109 – Employees who are members of ten unions previously employed by Queensland Rail Limited were transferred to Queensland Rail – Queensland Government intended to implement New Generation Rolling Stock project (“NGR project”) – Unions informed Queensland Rail of their concerns for potential impact of NGR project and sought discussions pursuant to cl 22 of Rollingstock Agreement – Queensland Rail did not consider itself bound by Fair Work Act 2009 (Cth) (“FW Act”) but instead bound by Industrial Relations Act 1999 (Qld) (“IR Act”) and by reason of s 691C of IR Act, considered Rollingstock Agreement of no effect – Unions informed Queensland Rail of desire to pursue negotiations for new enterprise agreement to replace Traincrew Agreement in accordance with FW Act – New enterprise agreement certified pursuant to IR Act – Whether Queensland Rail is corporation within meaning of s 51(xx) of Constitution – Whether Queensland Rail is trading corporation within meaning of s 51(xx) of Constitution – Whether FW Act applies to Queensland Rail and its employees by operation of s 109 of Constitution to exclusion of Queensland Rail Transit Authority Act 2013 (Qld) or IR Act or both.

Migration

CPCF v Minister for Immigration and Border Protection and Anor

Migration – Power to detain – Maritime Powers Act 2013 (Cth) (“Act”) – Plaintiff, along with 156 other persons, was passenger on Indian vessel bound for Christmas Island – Plaintiff claimed refugee status within meaning of Art 1 of Convention relating to the Status of Refugees and that he was person in respect of whom Australia owed non-refoulement obligations – Indian vessel was intercepted in Australia’s contiguous zone – Maritime officers implemented decision of National Security Committee of Cabinet to return Indian vessel to India – Whether s 72(4) of Act authorised maritime officers to prevent plaintiff from entering Australia or detain plaintiff for purpose of taking him to India – Whether power under Act was subject to obligation to give plaintiff opportunity to be heard about the exercise of power – Whether obligation breached.

Constitutional law – Executive power – Whether non-statutory executive power of Commonwealth authorised Commonwealth officers to prevent plaintiff from entering Australia or detain plaintiff for purposes of taking him to India – Whether non-statutory executive power was subject to obligation to give plaintiff opportunity to be heard about the exercise of power – Whether obligation breached.

4: SPECIAL LEAVE GRANTED

The following cases have been granted special leave to appeal to the High Court of Australia.

Administrative Law

Argos Pty Ltd and Ors v Simon Corbell, Minister for the Environment and Sustainable Development and Ors

Administrative law – Administrative Decisions (Judicial Review) Act 1989 (Cth) (“Act”), s 5(1) – Application made to review decision of Minister to approve development application – Appellants adduced evidence to effect that approval would cause loss of trade – Whether corporate appellants have standing to bring application – Whether economic interests will suffice to establish that party is “person aggrieved” for purposes of s 5(1) of Act.

Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd

Administrative law – Powers of Australian Communications and Media Authority (“ACMA”) – Respondent held commercial radio broadcasting licence under Broadcasting Services Act 1992 (Cth) (“BSA”) – Respondent recorded and broadcast conversation for radio segment – ACMA investigated segment under s 170 of BSA – Investigation concerned whether respondent breached licence condition contained in cl 8(1)(g), Sch 2 of BSA which is engaged where offence is committed against another law – ACMA’s preliminary investigation report found that respondent contravened s 11(1) of Surveillance Devices Act 2007 (NSW) – Whether ACMA can only make administrative finding of commission of offence once conviction is recorded by criminal court – Whether ACMA is required to defer enforcement action until after criminal process has concluded – Whether ACMA is bound conclusively in its administrative findings by the outcome of such criminal process.

Constitutional law – Judicial power – Whether ACMA’s conclusion of breach of licence condition involves exercise of judicial power reserved to Ch III courts.

Constitutional Law

See also Administrative Law: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd

Corporations Law

Wellington Capital Limited v Australian Securities & Investments Commission & Anor

Corporations law – Corporations Act 2001 (Cth) (“Act”) – Appellant responsible entity of registered scheme sold portion of managed investment scheme to listed company in return for entire issued share capital of that company – Appellant then distributed in specie to unit holders of fund in proportion to their holdings – Whether appellant was permitted to make an in specie distribution of shares to unit holders – Whether appellant’s power to make distributions of income or capital in cash only limited general trustee powers outlined in Fund’s constitution – Whether question must be approached through prism of trust law.

Corporations law – Membership – Whether unit holders had consented to becoming members of relevant corporation pursuant to s 231 of Act by virtue of shares being transferred to them.

Equity – Equitable remedies – Whether Full Court erred in exercising discretion to grant purely declaratory relief.

Grant Samuel Corporate Finance Pty Limited v William John Fletcher and Katherine Elizabeth Barnet as Liquidators of Octaviar Limited (Receivers and Managers Appointed) (In Liquidation) & Ors; JP Morgan Chase Bank National Association & Anor v William John Fletcher and Katherine Elizabeth Barnet as Liquidators of Octaviar Limited (Receivers and Managers Appointed) (In Liquidation) & Ors

Corporations law – Insolvency – Voidable transactions – Corporations Act 2001 (Cth) (“Act”), s 588FF(3) – Under s 588FF(3)(b), court made order extending time for first respondent to bring proceedings under s 588(1) of Act against second respondent – After expiry of period within which any application under 588FF(3)(b) was able to be made, further court order was made under r 36.16(2)(b) of Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”) varying original extension order – Effect of variation order was to extend period within which any s 588(1) application had to be brought by further six months – Whether r 36.16(2)(b) of UCPR permits further extension of three year period specified in s 588FF(3)(a) of Act by order varying earlier valid extension in circumstances where the application for such variation is made on a date after the expiry of original three year period.

Criminal Law

Henderson v State of Queensland

Criminal law – Confiscation of proceeds of crime – Criminal Proceeds Confiscation Act 2002 (Qld) (“Act”), Part VI – Police seized sum of money over which appellant claimed ownership – Police applied for forfeiture order and appellant applied for exclusion order – Whether prosecuting authority succeeds in circumstances where possessor of property cannot prove title of those who previously possessed item – Whether common law applies in determination of title under Act.

Damages

Rhiannon Gray by her tutor Kathleen Anne Gray v Richards

Damages – Appellant injured in motor vehicle accident caused by negligence of respondent – Appellant received sum plus fund management expenses to be assessed – Whether fees incurred by disabled plaintiff in management of, and income on, head of damages is compensable head of damage recoverable from negligent tortfeasor – Whether failure to allow fund management fees is inconsistent with principle of restitutio in integrum.

Equity

See also Corporations Law: Wellington Capital Limited v Australian Securities & Investments Commission & Anor

Korda and Ors v Australian Executor Trustees (SA) Limited

Equity – Trusts – Investment scheme – Investors invited to invest in timber plantation – Different operating companies undertook cultivation, milling and sale of timber – According to Trust Deed, trustee was to hold proceeds of timber sales for investors – Operating companies were liquidated before sale proceeds were paid to trustee – Whether commercial necessity mandated imputation of unstated trust over timber proceeds before payment to trustee.

Industrial Law

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd

Industrial law – Fair Work Act 2009 (Cth) (“Act”), ss 346 and 347 – Employee of respondent joined strikes which were protected industrial action under s 408 of Act – Employee held sign deemed offensive and contrary to respondent's code of conduct – Employee dismissed by respondent – Whether employer can avoid liability under s 346(b) for adverse action taken against another person who has engaged in industrial activity by characterising that activity as being in breach of code of conduct policy – Whether court below bound by decisions in Barclay and General Motors v Bowling.

Migration

Minister for Immigration and Border Protection v SZSCA & Anor

Migration – Respondent applied for protection visa – Taliban threatened respondent because of imputed political support for foreign organisations and Afghan government – Imputation based upon respondent's occupation transporting building materials – Whether a person may be found not to meet the definition of “refugee” in circumstances where that person could avoid persecution by changing occupation – Whether reasonable for person to change occupation.

Property Law

Cassegrain v Gerard Cassegrain & Co Pty Ltd

Property law – Indefeasibility of title – Fraud exception – Real Property Act 1900 (NSW) (“Act”), ss 42 and 118 – Appellant’s husband (Mr Cassegrain) was director of respondent company and acted fraudulently by utilising credit balance in company loan account to purchase property – Property was transferred from respondent company to Mr Cassegrain and appellant – Mr Cassegrain later transferred his interest in property to appellant for nominal consideration – Whether Mr Cassegrain was appellant’s agent in relation to giving instructions for execution of Real Property Act transfers and lodgement of registration of transfers – Whether the appellant’s title was defeasible because Mr Cassegrain acted as the appellant’s agent – Whether appellant’s title was defeasible because Mr Cassegrain and the appellant were joint tenants – Whether because of Mr Cassegrain’s conduct, the appellant’s interest as sole registered proprietor of land was defeasible pursuant to section 118(1)(d) of Act.

Stamp Duty

Commissioner of State Revenue v Lend Lease Development
Pty Ltd; Commissioner of State Revenue v Lend Lease Real Estate Investments Limited; Commissioner of State Revenue v Lend Lease IMT 2 (HP) Pty Ltd

Stamp duty – Consideration for dutiable transaction – Identification of consideration for dutiable transactions in circumstances where purchaser of dutiable property promises to make series of different payments at different times and where promises are contained in multiple instruments – Seven parcels of land were transferred according to multiple instruments – Whether consideration for dutiable transaction should be identified by instruments which effect dutiable transaction and consideration expressed in each instrument and/or by asking whether given instrument is correct instrument – Whether s 20 of Duties Act 2000 (Vic) should be construed as limited to promises if and insofar as they moved transfer of dutiable property in condition it was at time of transfer.

Taxation

Commissioner of Taxation v MBI Properties Pty Ltd

Taxation – A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“Act”), s 135-5 – Third party owner of estate in fee simple granted lease to tenant for ten year term – Third party sold reversion to respondent who received rent after sale – Declaration made by Full Federal Court that there was no supply by respondent to tenant – Commissioner of Taxation assessed respondent on basis that s 135-5 applied – Respondent objected on ground that there was no supply – Whether there was “continuing supply” after sale of reversion of lease to respondent – Whether respondent had “increasing adjustment” under s 135-5 of Act.

Tort Law

Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon & Anor

Tort law – Negligence – Civil Liability Act 2002 (NSW) (“CLA”), ss 5B, 5D(1), 5O(1), 43(1) and 43A – Person detained as mentally ill person under Mental Health Act 1990 (NSW) and discharged next day into care of friend – Person had psychotic episode and killed friend – Family of deceased claimed damages for mental harm due to shock of learning of death – Whether health authorities owe a duty of care to third parties in exercise of statutory powers to detain and discharge mentally ill patients – Whether it is appropriate for health authority’s scope of liability to extend to patient’s unlawful action in killing the respondents’ relative – Whether professional service provided must have conformed to “a practice” that was in existence at time it was provided – Whether a finding of common law negligence can give rise to liability that is “based on a breach of statutory duty” – Whether s 43A of CLA provides a defence to health authority.

5: CASES NOT PROCEEDING OR VACATED

Migration

Plaintiff S89/2014 v Minister for Immigration and Border Protection & Anor

Migration – Refugees – Plaintiff was unlawful non-citizen upon entry in Australia – By reason of amendments to Migration Act 1958 (Cth) (“Act”), plaintiff became unauthorised maritime arrival within meaning of s 5AA(1) of Act – Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 (Cth) (“UMA Regulation”) subsequently made which introduced new clause 866.222 in Schedule 2 of Migration Regulations 1994 (Cth) – UMA Regulation included additional criteria for grant of protection visa which plaintiff did not satisfy – Plaintiff refused protection visa because additional criteria were not met – UMA Regulation later disallowed – Whether clause 866.222 of Schedule 2 of Regulations was, during its period of purported operation, invalid or of no effect.

6: SPECIAL LEAVE REFUSED

No.	Applicant	Respondent	Court appeled from	Results
	Kedem	Johnsons Lawyers (A6/2014)	Full Court of the Federal Court of Australia [2014] FCAFC 3	Application Dismissed [2014] HCASL 117
	Maddison	The Queen (B11/2014)	Supreme Court of Queensland (Court of Appeal) [2013] QCA 132	Application Dismissed [2014] HCASL 118
	Markan	Bar Association of Queensland (B13/2014)	Supreme Court of Queensland (Court of Appeal) [2014] QCA 34	Application Dismissed [2014] HCASL 119
	Markan	Crime and Misconduct Commission (B17/2014)	Supreme Court of Queensland (Court of Appeal) [2014] QCA 60	Application Dismissed [2014] HCASL 120
	MZZJR	Minister for Immigration and Border Protection & Anor (M16/2014)	Federal Court of Australia [2014] FCA 118	Application Dismissed [2014] HCASL 121
	Pengelly & Anor	Serpentine Jarrahdale Shire (P7/2014)	Supreme Court of Western Australia (Court of Appeal) [2014] WASCA 5	Application Dismissed [2014] HCASL 122
	Hickey	The State of Western Australia (P8/2014)	Supreme Court of Western Australia (Court of Appeal) [2014] WASCA 32	Application Dismissed [2014] HCASL 123
	SZSRZ	Minister for Immigration and Border Protection & Anor (S46/2014)	Federal Court of Australia [2014] FCA 106	Application Dismissed [2014] HCASL 124
	SZSLN	Minister for Immigration and Border Protection & Anor (S47/2014)	Federal Court of Australia [2014] FCA104	Application Dismissed [2014] HCASL 125
	SZSGA	Minister for Immigration, Multicultural Affairs and Citizenship & Anor (S48/2014)	Federal Court of Australia [2013] FCA 774	Application Dismissed [2014] HCASL 126
	SZSQN	Minister for Immigration and Border Protection & Anor (S50/2014)	Federal Court of Australia [2014] FCA 214	Application Dismissed [2014] HCASL 127
	SZSTL	Minister for Immigration and Border Protection & Anor (S51/2014)	Federal Court of Australia [2014] FCA 48	Application Dismissed [2014] HCASL 128
	SZSIS	Minister for Immigration and Border Protection & Anor (S54/2014)	Federal Court of Australia [2014] FCA 146	Application Dismissed [2014] HCASL 129
	SZSHM & Anor	Minister for Immigration and Border Protection & Anor (S54/2014)	Federal Court of Australia [2014] FCA 213	Application Dismissed [2014] HCASL 130
	Filmana Pty Ltd & Ors	Tynan & Anor (B55/2013)	Supreme Court of Queensland (Court of Appeal) [2013] QCA 256	Application Dismissed With Costs [2014] HCASL 131
	Weaver	Endeavour Foundation (B5/2014)	Supreme Court of Queensland (Court of Appeal) [2013] QCA 371	Application Dismissed With Costs [2014] HCASL 132
	Acer Forester Pty Ltd	Complete Crane Hire (NT) Pty Ltd & Ors (D7/2013)	Supreme Court of the Northern Territory (Court of Appeal) [2013] NTCA 11	Application Dismissed With Costs [2014] HCASL 133
	Shoalhaven City Council	Humphries (S308/2013)	Supreme Court of New South Wales (Court of Appeal) [2013] NSWCA 390	Application Dismissed With Costs [2014] HCASL 134
	Dover	Lewkovitz (S8/2014)	Supreme Court of New South Wales (Court of Appeal) [2013] NSWCA 452	Application Dismissed With Costs [2014] HCASL 135
	Main	The Queen (B58/2013)	Supreme Court of Queensland (Court of Appeal) [2012] QCA 80	Application Dismissed [2014] HCASL 136

No.	Applicant	Respondent	Court appealed from	Result
	Enjam	Minister for Immigration and Border Protection & Anor (M17/2014)	Federal Court of Australia [2014] FCA 189	Application Dismissed [2014] HCASL 137
	MZYYQ	Minister for Immigration and Border Protection & Anor (M18/2014)	Federal Court of Australia [2014] FCA 166	Application Dismissed [2014] HCASL 138
	MZZPL	Minister for Immigration and Border Protection & Anor (M21/2014)	Federal Court of Australia [2014] FCA 110	Application Dismissed [2014] HCASL 139
	Rolfe	Investec Bank (Australia) Ltd (M26/2014)	Supreme Court of Victoria (Court of Appeal) [2014] VSCA 38	Application Dismissed [2014] HCASL 140
	Carey	Commissioner for Consumer Protection (P5/2014)	Supreme Court of Western Australia (Court of Appeal) [2014] WASCA 7	Application Dismissed [2014] HCASL 141
	Naroth	Innovative Hair Loss Solutions Pty Ltd & Ors (P14/2014)	Federal Court of Australia [2014] FCA 276	Application Dismissed [2014] HCASL 142
	Visscher	Teekay Shipping (Australia) Pty Ltd (S44/2014)	Full Court of the Federal Court of Australia [2014] FCAFC 5 [2014] FCAFC 19 [2014] FCAFC 31	Application Dismissed [2014] HCASL 143
	Visscher	Teekay Shipping (Australia) Pty Ltd (S93/2014)	Full Court of the Federal Court of Australia [2014] FCAFC 31	Application Dismissed [2014] HCASL 143
	Haddad	Chief Commissioner of State Revenue (S53/2014)	Supreme Court of New South Wales (Court of Appeal) [2014] NSWCA 23	Application Dismissed [2014] HCASL 144
	SZSRM	Minister for Immigration and Border Protection & Anor (S56/2014)	Federal Court of Australia [2014] FCA 221	Application Dismissed [2014] HCASL 145
	Land Enviro Corp Pty Ltd & Ors	HTT Huntley Heritage Pty Ltd (in its own and as Trustee of the Huntley Trust) & Ors (S58/2014)	Supreme Court of New South Wales (Court of Appeal) [2014] NSWCA 34	Application Dismissed [2014] HCASL 146
	SZSSO	Minister for Immigration and Border Protection & Anor (S72/2014)	Federal Court of Australia [2014] FCA 192	Application Dismissed [2014] HCASL 147
	Yao	Minister for Immigration and Border Protection (S74/2014)	Full Court of the Federal Court of Australia [2014] FCAFC 17	Application Dismissed [2014] HCASL 148
	SZSRV & Anor	Minister for Immigration and Border Protection & Anor (S75/2014)	Federal Court of Australia [2014] FCA 220	Application Dismissed [2014] HCASL 149
	Potter	Fair Work Ombudsman (S76/2014)	Federal Court of Australia [2014] FCA 187	Application Dismissed [2014] HCASL 150
	Khan	Minister for Immigration and Border Protection & Anor (S85/2014)	Federal Court of Australia [2014] FCA 168	Application Dismissed [2014] HCASL 151
	SZSTT	Minister for Immigration and Border Protection & Anor (S86/2014)	Federal Court of Australia [2014] FCA 270	Application Dismissed [2014] HCASL 152
	Brennan	Kangaroo Island Council (A2/2014)	Full Court of the Supreme Court of South Australia [2013] SASCFC 151	Application Dismissed with Costs [2014] HCASL 153
	SZQJH	Minister for Immigration and Border Protection & Anor (S306/2013)	Full Court of the Federal Court of Australia [2013] FCAFC 147	Application Dismissed with Costs [2014] HCASL 154
	Soteriou	The Queen (A31/2013)	Supreme Court of South Australia (Court of Criminal Appeal) [2013] SASCFC 114	Application Dismissed [2014] HCASL 155
	MAG	The Queen (A33/2013)	Supreme Court of South Australia (Court of Criminal Appeal) [2013] SASCFC 39	Application Dismissed [2014] HCASL 156

Applicant	Respondent	Court appealed from	Results
Lane	The Queen (S35/2014)	Supreme Court of New South Wales (Court of Criminal Appeal) [2013] NSWCCA 317	Special leave refused [2014] HCATrans 171
Kilcran	Peter James Gothard and Steven John Sherman as Receivers and Managers of Allco Finance Group Limited (In Liquidation) (S52/2014)	Federal Court of Australia [2014] FCAFC 6	Special leave refused with costs [2014] HCATrans 168
Rio Tinto Shipping Pty Ltd	CSL Australia Pty Ltd & Anor (S60/2014)	Federal Court of Australia [2014] FCAFC 10	Special leave refused with costs [2014] HCATrans 166
Rio Tinto Shipping Pty Ltd	CSL Australia Pty Limited & Anor (S61/2014)	Federal Court of Australia [2014] FCAFC 10	Special leave refused with costs [2014] HCATrans 166
Minister for Infrastructure and Transport	CSL Australia Pty Ltd & Anor (S62/2014)	Federal Court of Australia [2014] FCAFC 10	Special leave refused with costs [2014] HCATrans 166
Minister for Infrastructure and Transport	CSL Australia Pty Limited & Anor (S63/2014)	Federal Court of Australia [2013] FCAFC 10	Special leave refused with costs [2014] HCATrans 166
Chemical Trustee Limited	Deputy Commissioner of Taxation (S82/2014)	Federal Court of Australia [2014] FCAFC 27	Special leave refused with costs [2014] HCATrans 169

Applicant	Respondent	Court appealed from	Results
Obeid	Urban Renewal Authority (formerly Victorian Urban Development Authority) (M6/2014)	Supreme Court of Victoria (Court of Appeal) [2013] VSCA 371	Special leave refused with costs [2014] HCATrans 177
Director of Public Prosecutions (Cth)	Karabegovic (M9/2014)	Supreme Court of Victoria (Court of Appeal) [2013] VSCA 380	Special leave refused with costs [2014] HCATrans 179
Construction, Forestry, Mining and Energy Union	State of Victoria (M10/2014)	Full Court of the Federal Court of Australia [2013] FCAFC 160	Special leave refused with costs [2014] HCATrans 173
Siegwerk Australia Pty Ltd (In Liquidation)	Nuplex Industries (Aust) Pty Ltd (M11/2014)	Full Court of the Federal Court of Australia [2013] FCAFC 130	Special leave refused with costs [2014] HCATrans 180
Hunter	The Queen (M22/2014)	Supreme Court of Victoria (Court of Appeal) [2013] VSCA 385	Special leave refused [2014] HCATrans 181
Love	Roads Corporation (M23/2014)	Supreme Court of Victoria (Court of Appeal) [2014] VSCA 30	Special leave refused with costs [2014] HCATrans 174
Efandis	The Queen (M27/2014)	Supreme Court of Victoria (Court of Appeal) [2014] VSCA 42	Special leave refused [2014] HCATrans 182
Darling	Commissioner of Taxation & Anor (M34/2014)	Full Court of the Family Court of Australia	Special leave refused with costs [2014] HCATrans 178

Case	Title
Pollentine v Bleijie	Constitutional Law
Fitzgerald v The Queen	Criminal Law
Honeysett v The Queen	Evidence
Versi v The Queen	Evidence

Case	Title
Kentwell v The Queen; O’Grady v The Queen	Criminal Law
Maxwell v Highway Hauliers Pty Ltd	Insurance
Plaintiff S4/2014 v Minister for Immigration and Border Protection	Migration
Alphapharm Pty Ltd v H Lundbeck A/S & Ors	Patents
Cantarella Bros Pty Limited v Modena Trading Pty Limited	Trade Marks

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