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Last Updated: 18 February 2016
HIGH COURT BULLETIN
Produced by the High Court of Australia Library
[2016] HCAB 1 (17 February 2016)
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.
Case
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Title
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Constitutional
Law
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Procedure
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Case
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Title
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Criminal
Law
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Criminal
Law
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Banking
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Criminal
Law
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Constitutional
Law
|
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Criminal
Law
|
Case
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Title
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Cunningham & Ors v Commonwealth of Australia & Anor |
Constitutional
Law
|
Case
|
Title
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Criminal
Law
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Criminal
Law
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Family
Law
|
The following cases were handed down by the High Court of Australia during the February 2016 sittings.
Dates heard: 7 October 2015; 8 October 2015.
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.
Catchwords
Migration
– Regional processing – Where plaintiff was "unauthorised
maritime arrival" upon entry into Australian migration zone – Where
plaintiff was removed to regional processing centre on Nauru pursuant to s 198AD
of Migration Act 1958 (Cth) – Where Commonwealth entered into arrangement
in relation to regional processing functions – Whether plaintiff was
detained by Commonwealth at Nauru Regional Processing Centre – Whether
principles in Chu Kheng Lim v Minister for Immigration, Local Government and
Ethnic Affairs (1992) 176 CLR 1 apply.
Constitutional law
(Cth) – Executive power of
Commonwealth – Whether conduct of Commonwealth authorised by s 61 of
Constitution – Whether conduct of Commonwealth authorised by s 198AHA of
Migration Act.
Constitutional law (Cth)
– Legislative power of Commonwealth – Whether s 198AHA of Migration
Act is a law with respect to aliens – Whether s 198AHA of Migration Act is
a valid law of Commonwealth.
Procedure
– Standing – Whether plaintiff has standing to challenge
lawfulness of conduct of Commonwealth with respect to plaintiff's past
detention.
Private international
law – Act of State doctrine
– Where plaintiff's detention imposed by laws of Nauru – Whether
Australian court should pronounce on constitutional validity of legislation of
another country.
Words and phrases
– "aliens power", "constraints upon the plaintiff's liberty",
"control", "detention", "effective control", "memorandum of understanding",
"non-statutory executive power", "regional processing country", "regional
processing functions".
Held: Questions answered.
Date heard: 9 December 2015.
Coram: French CJ, Kiefel, Bell, Keane and Nettle JJ.
Catchwords:
Procedure
– Joinder of third parties – Where liquidators of company
brought action in Supreme Court of Victoria against company directors for order
under s 588M(2) of Corporations Act 2001 (Cth) – Where liquidators sought
to join third party insurer after directors' claim for professional indemnity
rejected – Where directors not in position to challenge denial of
liability under contract of insurance – Whether Supreme Court had
jurisdiction to join third party insurer and grant declaratory relief in
relation to private insurance contract between directors and third party
insurer.
Jurisdiction –
Federal jurisdiction – Meaning of matter – Meaning of justiciable
controversy.
Words and
phrases – "declaratory relief",
"federal jurisdiction", "joinder", "justiciable controversy", "matter",
"privity", "real interest".
Appealed from VSC (CA): [2015] VSCA 153.
Held: Appeal dismissed.
See also Constitutional Law: Plaintiff M68/2015 v Minister for Immigration and Border Protection & Ors.
The following cases have been reserved or part heard by the High Court of Australia.
M219/2015; M220/2015: [2016] HCATrans 9; [2016] HCATrans 10.
Date heard: 4 February 2016; 5 February 2016.
Coram: French CJ, Kiefel, Gageler, Keane and Nettle JJ.
Catchwords:
Banking and financial institutions – Consumer protection – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB – National Consumer Credit Protection Act 2009 (Cth) s 76 and Fair Trading Act 1999 (Vic) s 8 – Where first appellant was charged 26 late payment fees on two credit card accounts held with respondent – Where there was a disparity between the fee charged and the loss accrued as a consequence of late payment - Whether the terms “unconscionable”, “unfair” and “unjust”, as used in the statutory causes of action available, are intended to extend the common law in respect of standard form consumer contracts – Whether disproportion between the quantum of late payment fees and cost to respondent associated with late payment gives rise to statutory unconscionability, unjustness or unfairness if the fees were not exorbitant from respondent’s perspective.
Appealed from FCA (FC): [2015] FCAFC 50.
S279/2015: [2016] HCATrans 13.
Date heard: 10 February 2016.
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.
Catchwords:
Constitutional law – Trial by jury for Commonwealth indictable offences – Whether s 80 of the Constitution can be read to permit a state Parliament to pass a statute allowing for a trial to be by a judge alone where the prosecution and accused agree or the accused seeks that outcome and the Court considers it in the interest of justice – Whether such a position would be consistent with Brown v The Queen.
Orders made on 10 February 2016 dismissing motion. Written reasons of the Court to be published at a future date.
C13/2015: [2015] HCATrans 325.
Date heard: 10 December 2015.
Coram: French CJ, Bell, Gageler, Keane and Nettle JJ.
Catchwords:
Criminal law – Evidence – Unsworn statements – Where respondent was found guilty of committing acts of indecency upon or in the presence of children “R” and “H” contrary to s 61(1) of the Crimes Act 1900 (ACT) – Where R gave evidence at a pre-trial hearing but was unable to give sworn evidence due to her age – Where she gave unsworn evidence pursuant to s 13 of the Evidence Act 2011 (ACT) – Where evidence was admitted without a warning – Where the Court of Appeal overturned the conviction on the basis that the unsworn evidence of R should not have been admitted and the trial judge failed to direct the jury regarding the unsworn evidence of R – Whether, where witnesses give unsworn evidence pursuant to s 13 of the Evidence Act, there should be a requirement that the jury be warned that there is a difference between sworn and unsworn evidence – Whether a finding by a judge that a witness is not competent to give sworn evidence pursuant to s 13(3) of the Evidence Act requires a particular formulation of the warning.
Appealed from ACTSC (CA): [2015] ACTCA 15.
Date heard: 3 February 2016
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.
Catchwords:
Criminal law – Evidence – Tendency evidence – Evidence (National Uniform Legislation) Act (NT) (“Uniform Evidence Law”) s 97 – Where appellant was found guilty of offences committed against his step grandchild – Where complainant made a complaint to family members – Where evidence was given of an incident which was not charged and occurred after the time period of the offences charged – Where several people give evidence of the complaints – Whether trial judge is required to assume that the jury will accept the evidence when considering the probative value of the tendency evidence pursuant to s 97(1)(b) of the Uniform Evidence Law – Whether hearsay evidence of a complaint, involving general allegations of sexual misconduct not linked to any particular charge is admissible as evidence of guilt of the offences charged under the Uniform Evidence Law – Whether the correct approach to assessment of “probative value” for the purposes of s 137 of the Uniform Evidence Law was made.
Appealed from NTSC (CCA): [2014] NTCCA 20.
Date heard: 2 February 2016
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.
Catchwords:
Criminal law – Evidence – Confessions and admissions – Independent Broad-based Anti-corruption Commission Act 2011 (Vic) (“IBAC Act”) ss 115, 120, 190 - Where person ‘A’ was allegedly assaulted by appellants at a police station – Where Victorian Police notified the Independent Broad-based Anti-corruption Commissioner (“IBAC”) – Where IBAC commenced an investigation into appellants’ conduct and issued – summons to appellants requiring attendance at public examinations – Where appellants are under investigation by police in respect of criminal charges arising out of the same incident – Whether the power to examine persons conferred by the IBAC Act extends to persons who are the subject of a criminal investigation about the subject matter of that criminal investigation – Whether it is permissible to conduct compulsory examinations where IBAC may initiate a criminal prosecution for an offence in relation to any matter arising out of the IBAC investigation.
Appealed from VSC (CA): [2015] VSCA 271.
Date heard: 9 February 2016.
Coram: Kiefel, Bell, Gageler, Keane and Nettle JJ.
Catchwords:
Criminal law – Criminal liability – Criminal Code 1899 (Qld) s 317 - Element of intent to cause a specific result – Where appellant is HIV positive – Where appellant commenced a relationship with complainant – Where appellant did not disclose HIV status – Where complainant was diagnosed with HIV after engaging in unprotected sex with appellant – Where appellant was found guilty of transmitting a serious disease with intent – Whether the element of intent to cause a specific result can be satisfied by establishing that an accused engaged in a course of conduct over a significant period time and was reckless as to the potential consequences of that conduct – Whether the element of intent can be inferred from an awareness of increased risk where conduct is engaged in frequently and over a period of time – Whether intent can be inferred from frequent conduct where the precise time at which the intent formed and the result occurred cannot be identified.
Appealed from QSC (CA): [2014] QCA 77.
S246/2015: [2016] HCATrans 14.
Date heard: 11 February 2016.
Coram: French CJ, Kiefel, Bell, Keane and Gordon JJ.
Catchwords:
Criminal law – Commonwealth places – Service and Execution of Process Act 1992 (Cth) (“Act”) s 89(4) – Where appellant pleaded guilty to a number of fraud offences in New South Wales – Where appellant failed to appear for sentencing – Where appellant was charged with unrelated offences in Victoria – Where appellant escaped custody whilst in an airport and was apprehended shortly after – Where appellant was charged with attempting to escape from lawful custody contrary to s 310D Crimes Act 1900 (NSW) – Whether when applying a criminal offence provision by virtue of s 89(4) of the Act is the prosecution relieved of the burden of proving all elements of the offence – Whether s 89(4) of the Act is an offence creating provision.
Appealed from NSWSC (CA): [2015] NSWCA 98.
S223/2015: [2015] HCATrans 321.
Date heard: 2 December 2015.
Coram: French CJ, Kiefel, Bell, Gageler and Gordon JJ.
Catchwords:
Equity – Trusts and trustees – Power of trustees – Maintenance and advancement – Where first respondent is the trustee of the Nemes Family Trust and applicants are the “Specified Beneficiaries” – Where in July 1994 the trust recorded an “asset revaluation reserve” in the accounts of the trust in the amount of $3,904,300 – Where first respondent determined to make a distribution to Mr and Mrs Nemes but no money was paid out – Where, in 1995, first respondent executed a Deed of Charge in favour of the Nemes which recorded that trust was indebted to the Nemes to the sum of $3,904,300 – Whether a trustee of an express trust validly exercise a power to “advance” or “apply” the capital or income of that trust by resolving to pay or credit an amount of money to a beneficiary of the trust, notwithstanding that the trust assets do not include, and have never included, any money – Whether an action for money received maintainable against a trustee upon the trustee stating an account to the relevant beneficiary, notwithstanding that the trustee continued to have ongoing active duties as trustee in respect of all of the trust assets from which any liability to the relevant beneficiary would be realised.
Appealed from NSWSC (CA): [2015] NSWCA 6.
B60/2015: [2015] HCATrans 323.
Date heard: 8 December 2015.
Coram: French CJ, Kiefel, Bell, Gageler and Nettle JJ.
Catchwords:
Property law – Crown lands – Where respondent entered into a retail shop lease within the meaning of the Retail Shop Leases Act 1994 (Qld) in respect of Lot 6 on RP 809722 (“Lot 6”) – Where the Retail Shopping Centre that Lot 6 was expanded to include Lot 1 on RP 847798 (“Old Lot 1”) and this Lot was amalgamated by registration of a plan of survey and existing interests under the Land Title Act 1994 (Qld) to create a new Lot 1 – Where appellant resumed part of the new Lot 1 under the provision of the Acquisition of Land Act 1967 (Qld) (“ALA”) – Where respondent brought a claim for compensation pursuant to the ALA on the basis that, at the date of resumption, respondent had an interest in the resumed land for the purposes of s 12(5) of the ALA – Whether the creation of a new lot has the effect of varying a lease over just one of the existing allotments – Whether the provisions of the Retail Shop Leases Act which include a definition of “common areas” of a retail shopping centre, operate to vary a retail shop lease to include areas defined by the Retail Shop Leases Act as “common areas” or otherwise create an interest in the “common areas” defined by the Retail Shop Leases Act.
Appealed from QSC (CA): [2014] QCA 317.
M83/2015: [2015] HCA Trans 290.
Date heard: 11 November 2015.
Coram: French CJ, Kiefel, Bell, Keane and Gordon JJ.
Catchwords:
Statutory interpretation – Gambling Regulation Act 2003 (Vic) ss 1.3, 3.4.33 and Pt 4 of Ch 3 – Gaming operator licences – Where the regime changed and the ability to issue gaming operator’s licences was abolished – Where respondent’s licence expired – Whether respondent entitled to a terminal payment on the grant of gaming operator’s licence to person other than former licensee or a related entity – Whether when construing a contractual promise in an agreement between a government and private party which expressly requires the subsequent enactment of that promise in legislation can this agreement to afford the promise statutory force be relevant to ascertaining the intentions of the parties with respect to the meaning of the promise – Whether the contractual promise survives the agreed enactment of legislation embodying the same – Whether the contractual promise continues to have operation after the enactment of the statutory right if that statutory right is legislatively nullified – Whether a prior contractual promise can survive the enactment of legislation which has the purpose and effect of nullifying the parallel statutory right.
Appealed from VSC (CA): [2014] VSCA 311.
M81/2015: [2015] HCATrans 288; [2015] HCATrans 289.
Date heard: 10 November 2015; 11 November 2015.
Coram: French CJ, Kiefel, Bell, Keane and Gordon JJ.
Catchwords:
Statutory interpretation – Gambling Regulation Act 2003 (Vic) s 4.3.21 – Gaming operator licences – Where the regime changed and the ability to issue gaming operator’s licences was abolished – Where appellant’s licence expired – Whether appellant is entitled to a terminal payment on the grant of gaming operator’s licence to person other than former licensee or a related entity – Whether words “new licences” in s 4.3.12(1) of the Gambling Regulation Act 2003 should be construed to have their ordinary meaning.
Contracts – General contractual principles – Whether respondent’s failure to seek to secure appellant’s right to repayment of a breach of the duty of good faith and reasonable dealing.
Appealed from VSC (CA): [2014] VSCA 312.
The following cases are ready for hearing in the original jurisdiction of the High Court of Australia.
S140/2015: Writ of Summons
Catchwords:
Constitution – s 51(xxxi) – Remuneration and Other Legislation Amendment Act 2011 (Cth) – Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth) – Acquisition of property on just terms – Where applicants are former members of the House of Representatives – Where applicants occupied positions as Ministers of State or where officeholders of the Parliament or of a House of Parliament – Where Parliament reduced the ‘retiring allowance’ of past members – Where Parliament restricted the number of return trips per year using the ‘Gold Pass’.
See also Native Title: Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC v State of Queensland
S136/2015: Special case.
Catchwords:
Migration – Categories of visas – Migration Act 1958 (Cth) (“Act”) – Where Act contains a regime under which non-citizens working in the offshore resources industries must hold permanent or prescribed temporary visas – Where Minister made two Determinations which excluded some off-shore activities from the regime - Whether Determinations IMMI 14/073 and IMMI 14/074 made pursuant to s 9A(6) of the Act by the Minister are valid.
B26/2014: Special case.
Catchwords:
Native title – Indigenous Land Use Agreement (“ILUA”) – North Stradbroke Island Protection and Sustainability Act 2011 (Qld) (“Principal Act”) – North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld) (“Amendment Act”) – Amendment Act allowed for renewal of four mining leases for periods longer than those provided in Principal Act – Amendment Act replaced environmental authority provisions in Principal Act with new s 17 which no longer applied conditions to two mining leases – ILUA registered as area agreement under ss 24CA to 24CL of Native Title Act 1993 (Cth) (“NTA”) – Whether ILUA binds defendant not to enact ss 9 and 12 of Amendment Act.
Constitutional law – Inconsistency – Commonwealth Constitution, s 109 – Whether Amendment Act is invalid under s 109 of Constitution by reason of inconsistency between Amendment Act and ss 24EA and 87 of NTA.
The following cases have been granted special leave to appeal to the High Court of Australia.
A29/2015: [2015] HCATrans 295.
Date heard: 13 November 2015 – Special leave granted.
Catchwords:
Administrative law – Judicial review – Grounds of review – Delegation of power - Where first respondent entered into a deed with the Minister for State Development and third respondent to grant third respondent options to purchase 407 hectares of land owned by first respondent – Where Cabinet had made decision to enter into Deed, purportedly on behalf of first respondent - Where appellants had previously expressed interest in purchasing the property – Whether the decision of first respondent to entered into a deed granting third respondent options to purchase is amenable to judicial review – Whether a valid delegation and exercise of power under relevant legislation or executive power occurred – Whether decision to enter into deed was legally unreasonable and ultra vires in the circumstances.
Appealed from SASC (FC): [2015] SASCFC 91.
A28/2015: [2015] HCATrans 296.
Date heard: 13 November 2015 – Special leave granted.
Catchwords:
Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder and one count of aggravated causing of harm with two others – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder.
Appealed from SASC (FC): [2015] SASCFC 53.
S281/2015: [2015] HCATrans 328.
Date heard: 11 December 2015 – Special leave granted.
Catchwords:
Criminal law – Sentencing – Where Court of Criminal Appeal found that the sentencing judge made errors in the sentencing of appellant – Where Court of Appeal considered the matter afresh – Whether Court of Appeal erred by failing to consider new evidence when exercising the sentencing discretion afresh.
Appealed from NSWSC (CCA): [2015] NSWCCA 39.
S271/2015: [2015] HCATrans 330.
Date heard: 11 December 2015 – Special leave granted on limited grounds.
Catchwords:
Criminal law – Sentencing – Objective seriousness of offending – Whether sentencing judge appropriately considered the objective seriousness of the offending – Whether the principle in The Queen v De Simoni prohibits a sentencing judge from having regard to the absence of a fact which would render an offender guilty of a more serious offence where that fact is not an element of the more serious offence.
Appealed from NSWSC (CCA): [2013] NSWCCA 195.
A17/2015: [2016] HCATrans 17.
Date Heard: 12 February 2016 – Referred to the Full Court.
Catchwords:
Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder – Where appellant plead guilty to one count of aggravated causing of harm with intent to cause harm – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder.
Appealed from SASC (FC): [2015] SASCFC 53.
A22/2015: [2016] HCATrans 16.
Date Heard: 12 February 2016 – Referred to the Full Court.
Catchwords:
Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder and one count of aggravated causing of harm with two others – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder.
Appealed from SASC (FC): [2015] SASCFC 53.
M235/2015: [2015] HCATrans 335.
Date heard: 11 December 2015 – Special leave granted.
Catchwords:
Equity – Promissory estoppel – Where respondent operated restaurants at appellant’s complex - Where the appellant made representations to the respondent that if certain refurbishments were made respondent would be “looked after” when it came time to renew the lease for the premises – Whether an ambiguous representation is capable of founding a promissory estoppel – Whether a promissory estoppel can be found to exist by proving the making and the resiling from a representation made.
Appealed from VSC (CA): [2014] VSCA 353.
A20/2015: [2016] HCATrans 23
Date Heard: 12 February 2016 – Special Leave Granted
Catchwords:
Family – Spousal maintenance – Appeal from an interlocutory order – Where primary judge made order that respondent husband pay spousal maintenance on the basis that applicant wife was ‘unable to support herself adequately’ under s 72(1) Family Law Act 1975 (Cth) – Where applicant wife’s deceased father’s will contains ‘wish’ that the applicant wife receives annual payment of $150,000 net of income tax until such time as she receives a payment of $16.5 million – Whether voluntary payment is a ‘financial resource’ under the Family Law Act 1975 (Cth).
Appealed from FamCA (FC): [2015] FamCAFC 154
H12/2015: [2015] HCATrans 279.
Date heard: 26 October 2015 – Special leave granted.
Catchwords:
Professions and trades – Lawyers – Duties and liabilities – Solicitors’ duties to other persons – Beneficiaries – Where first appellant acted for a testator who had terminal cancer in the preparation of a will – Where respondent was regarded as a son by testator – Where testator had an estranged daughter – Where testator did not disclose existence of estranged daughter and first appellant did not make any inquiries in this respect and did not give any advice as the effect of the Testator’s Family Maintenance Act 1912 (Tas) on this arrangement – Whether a solicitor retained to draw a will owes a testator a duty of care which extends to inquiries as to the existence of estranged children and advice pursuant to the effect of the Act.
Torts – Negligence – Duty of care – Civil Liability Act 2002 (Tas) - Whether solicitor owed a duty of care to a non-client beneficiary – Whether damages for loss of opportunity can be awarded where opportunity is hypothetical and dependent on acts of third parties.
Appealed from TASC (FC): [2015] TASFC 8.
See also Torts: Attwells & Anor v Jackson Lalic Lawyers Pty Limited.
H10/2015: [2015] HCATrans 228.
Date heard: 11 September 2015 – Special leave granted.
Catchwords:
Real Property – Rates and charges – Where the Valuer-General is required by the Valuation of Land Act 2001 (Tas) (“VLA”) to make valuations of all lands within a valuation district including any Crown lands that are liable to be rated – Where Macquarie Harbour is Crown land within the respondent’s municipality – Whether the sea or seabed is land which the Valuer-General is required to value.
Appealed from TASC (FC): [2015] TASFC 1.
S161/2015: [2015] HCATrans 176.
Date heard: 7 August 2015 – Special leave granted
Catchwords:
Torts – Negligence – Defences – Advocates’ immunity – Scope – Where respondent gave advice to appellants to agree to a terms of settlement – Where the terms of settlement caused the appellants to accept liability significantly higher than they would have otherwise been liable for if they had not defended the proceedings – Whether advocates’ immunity applies – Whether the advice falls with the boundaries of advocates’ immunity – Whether immunity is attracted in respect of final outcomes not the subject of a judicial determination on the merits.
Appealed from NSWSC (CA): [2014] NSWCA 335.
B61/2015: [2015] HCATrans 274.
Date heard: 16 October 2015 – Special leave granted.
Catchwords:
Torts – Negligence – Where first respondent was a passenger in a Robinson R 22 helicopter which was manufactured by the appellant – Where helicopter crashed, killing the pilot and seriously injuring first respondent – Where it was a failure in the forward flexplate of the helicopter which caused it to crash – Whether appellant is liable for the failures of the helicopter – Whether a manufacturer of goods is to be held liable under ss 75AD and AE of the Trade Practices Act 1974 (Cth) or in negligence by reason of the maintenance manual calling for a technician to verify the parts without specifying the particular method to do so – Whether appellant should have been held liable without consideration of whether the negligence or breach of the Trade Practices Act was causative of any loss.
Appealed from QSC (CA): [2014] QCA 357.
See also Professions and Trades: Badenach & Anor v Calvert.
S243/2015: [2015] HCATrans 302.
Date heard: 13 November 2015 – Special leave granted.
Catchwords:
Workers’ compensation – Injury – Safety, Rehabilitation and Compensation Act 1988 (Cth) (“Act”) – Where respondent enlisted in the Royal Australian Air Force in 1998 – Where respondent lodged a claim under the Act for rehabilitation and compensation in for “low immunity, fatigue, illnesses and dizziness” that respondent claimed was caused by vaccinations he received in the course of his employment in 1998 – Where no specific condition or cause of symptoms was diagnosed – Whether respondent’s symptoms amount to an “injury” as defined by the Act – Whether an injury as defined by the Act requires a sudden or identifiable physiological change or disturbance of the normal physiological state in an employee – Whether the Act contemplates no more than a physiological change or disturbance of the normal physiological state in the employee.
Appealed from FCA (FC): [2015] FCAFC 93.
M252/2015: [2015] HCATrans 333.
Date heard: 11 December 2015 – Special leave granted.
Catchwords:
Workers’ compensation – Accident compensation – Occupational Health and Safety Regulations 2007 (Vic) r 3.1.2 (“regulations”) – Where appellant fell off a step ladder whilst attempting to remove large displays from a wall and suffered a knee injury – Whether “associated with” in the phrase “associated with a hazardous manual handling task affecting an employee” requires a close connection between the manual handling task and the anticipated risk – Whether injury is the kind that the regulations are designed to prevent – Whether regulations should be interpreted to apply to an injury occasioned by the stresses or forces involved in the activity.
Appealed from VSC (CA): [2015] VSCA 191.
S136/2015: [2015] HCATrans 341. Special case.
Date Heard: 14 December 2015 – 10 February 2016 hearing vacated.
Catchwords:
Migration – Categories of visas – Migration Act 1958 (Cth) (“Act”) – Where Act contains a regime under which non-citizens working in the offshore resources industries must hold permanent or prescribed temporary visas – Where Minister made two Determinations which excluded some off-shore activities from the regime - Whether Determinations IMMI 14/073 and IMMI 14/074 made pursuant to s 9A(6) of the Act by the Minister are valid.
12 February 2016: Canberra
No. |
Applicant |
Respondent |
Court appealed from |
Results |
---|---|---|---|---|
|
Brennan-Kuss
& Ors
|
Dietman
(A13/2015)
|
Full
Court of Supreme Court of South Australia
[2015]
SASCFC 73
|
Application
dismissed with costs
|
|
Martin
|
The
Queen
(C11/2015) |
Supreme
Court of the Australian Capital Territory (Court of
Appeal)
[2015] ACTCA 38 |
|
|
LFG
|
The
State of Western
Australia
(P24/2015) |
Supreme
Court of Western Australia (Court of
Appeal)
[2015] WASCA 88 |
|
|
Staskos
|
Johnson
(P25/2015) |
Supreme
Court of Western Australia (Court of
Appeal)
[2015] WASCA 32 |
|
|
Dunn
|
The
Queen
(P29/2015) |
Supreme
Court of Western Australia (Court of
Appeal)
[2015] WASCA 126 |
|
|
Poland
|
The
State of Western
Australia
(P33/2015) |
Supreme
Court of Western Australia (Court of
Appeal)
[2015] WASCA 136 |
|
|
Lowe
Pty Ltd & Anor
|
Belgravia
Nominees Pty
Ltd
(P36/2015) |
Supreme
Court of Western Australia (Court of
Appeal)
[2015] WASCA 143 |
|
|
Marsh
& Anor
|
Baxter
(P44/2015) |
Supreme
Court of Western Australia (Court of
Appeal)
[2015] WASCA 169 |
12 February 2016: Sydney
No. |
Applicant |
Respondent |
Court appealed from |
Results |
---|---|---|---|---|
|
Hills
|
Pioneer
Studios Pty Limited
(S163/2015)
|
Supreme
Court of New South Wales (Court of Appeal)
[2015]
NSWCA 222
|
Application
dismissed with costs
|
|
Lin
|
The
Queen
(S167/2015) |
Supreme
Court of New South Wales (Court of Criminal
Appeal)
[2015] NSWCCA 204 |
|
|
Gall
|
The
Queen
(S168/2015) |
Supreme
Court of New South Wales (Court of Criminal
Appeal)
[2015] NSWCCA 152 |
|
|
OC
|
The
Queen
(S178/2015) |
Supreme
Court of New South Wales (Court of Criminal
Appeal)
[2015] NSWCCA 212 |
|
|
Waller
& Anor
|
James
(S182/2015) |
Supreme
Court of New South Wales (Court of
Appeal)
[2015] NSWCA 232 |
|
|
Binetter
|
BCI
Finances Pty Limited &
Ors
(S184/2015) |
Full
Court of the Federal Court of
Australia
[2015] FCAFC 122 |
|
|
O'Connor
|
The
Queen
(S195/2015) |
Supreme
Court of New South Wales (Court of Criminal
Appeal)
[2014] NSWCCA 53 |
|
|
Sgro
|
Australian
Associated Motor Insurers
Limited
(S209/2015) |
Supreme
Court of New South Wales (Court of
Appeal)
[2015] NSWCA 262 |
|
|
Alqudsi
|
Commonwealth
of Australia
(S259/2015)
|
Supreme
Court of New South Wales (Court of Appeal)
[2015]
NSWCA 351
|
Application
dismissed with costs
|
|
Alqudsi
|
The
Queen
(S260/2015) |
Supreme
Court of New South Wales (Court of Criminal
Appeal)
[2015] NSWCA 351 |
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