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Last Updated: 20 October 2016
HIGH COURT BULLETIN
Produced by the High Court of Australia Library
[2016] HCAB 8 (19 October 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.
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Case
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Title
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Constitutional
Law
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Discrimination
Law
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Real
Property
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Torts
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Case
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Title
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Administrative
Law
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Criminal
Law
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Land
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Taxation
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Taxation
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Case
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Title
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Constitutional
Law
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Constitutional
Law
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Case
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Title
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Competition
Law
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Competition
Law
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Constitutional
Law
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Contract
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Criminal
Law
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Criminal
Law
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Criminal
Law
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Family
Law
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5: Cases Not Proceeding or Vacated
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Case
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Title
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Constitutional
Law
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The following cases were handed down by the High Court of Australia during the August 2016 sittings.
Judgement delivered: 12 October 2016
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ
Catchwords:
Constitutional law (Cth) – Legislative power – Acquisition of property on just terms – Where amendments to Parliamentary Contributory Superannuation Act 1948 (Cth) and Remuneration Tribunal Act 1973 (Cth) and Determinations by Remuneration Tribunal modified method by which allowances paid to retired members of Parliament calculated – Where enactment of and subsequent amendment to Members of Parliament (Life Gold Pass) Act 2002 (Cth) modified entitlement conferred on retired members of Parliament to payment of travel expenses – Whether amendments and Determinations constitute or authorise acquisition of property otherwise than on just terms within meaning of s 51(xxxi) of Constitution.
Words and
phrases – "acquisition of
property", "inherently defeasible", "inherently liable to variation", "just
terms", "Life Gold Pass", "parliamentary allowance", "property", "retiring
allowance", "subject to this Act", "until the Parliament otherwise
provides".
Constitution – ss 48,
51(xxxi), 51(xxxvi), 66.
Members of Parliament (Life
Gold Pass) Act 2002 (Cth) – s 11(2).
Members of Parliament (Life
Gold Pass) and Other Legislation Amendment Act 2012 (Cth) – s 3.
Parliamentary Contributory
Superannuation Act 1948 (Cth) – ss 18, 22T.
Remuneration and Other
Legislation Amendment Act 2011 (Cth) – s 3.
Remuneration Tribunal
Act 1973 (Cth) – ss 7(1A), 7(1B), 7(1C), 7(2A).
Judgment delivered: 5 October 2016
Coram: French CJ, Bell, Gageler, Keane and Nettle JJ
Catchwords:
Discrimination
law – Disability discrimination
– Where deaf person summoned for jury service – Where deaf person
required assistance of Auslan interpreters to participate as juror – Where
deaf person excluded from jury panel – Whether exclusion was unlawful
discrimination.
Juries –
Persons constituting jury – Jury deliberations – Whether permissible
for interpreter to be present in jury room during deliberations – Whether
deaf person who requires assistance of interpreter in jury room eligible for
jury service under Jury Act 1995 (Q).
Words and
phrases – "deaf person", "direct
discrimination", "functions of a juror", "indirect discrimination", "jury
deliberations", "jury service", "separation of the jury".
Anti–Discrimination Act
1991 (Q), ss 10, 11, 101.
Jury Act 1995 (Q) – ss
4(3), 54, 70.
Appealed from QSC (CA): [2015] QCA 159.
Held: Appeal dismissed.
Judgment delivered: 12 October 2016
Coram: French CJ, Bell, Keane, Nettle & Gordon JJ
Catchwords:
Real property – Community titles scheme – Use of common property – Body Corporate and Community Management Act 1997 (Q) – Dispute between owners of lots in community titles scheme – Where one lot owner sought to use common property airspace to expand balconies – Where proposal put to body corporate for alteration of rights of lot owners to allow lot owner exclusive use of common property – Where proposal required resolution without dissent – Where motion defeated – Where proponent applied for dispute resolution – Where adjudicator concluded that opposition by other lot owners to proposal unreasonable – Whether adjudicator erred in approach to decision – Whether grounds for opposition to motion by individual lot owners unreasonable – Whether necessary to balance competing interests.
Words and
phrases – "adjudicator", "body
corporate", "common property", "original design intent", "resolution without
dissent", "unreasonable in the circumstances".
Body Corporate and Community
Management Act 1997 (Q) – ss 94(2), 276, Sched 5, Item 10.
Appealed from QSC (CA): [2015] QCA 220
Held: Appeal allowed with costs.
Judgment delivered: 5 October 2016
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ
Catchwords:
Limitation of actions – Extension or postponement of limitation periods – Extension of time in personal injury matters – Principles upon which discretion exercised – Where extraordinary delay – Where deficiencies in evidence due to passage of time – Where absence or death of witnesses – Where loss of documentary evidence – Where earlier decision by claimant not to institute proceedings – Whether just in all the circumstances to grant extension of time.
Tort – Vicarious liability – Course of employment – Where boarding school employed housemaster – Where housemaster sexually abused boarder – Consideration of correct approach to vicarious liability of employer for intentional criminal acts of employee – Whether employment gave "occasion" for wrongdoing – Whether employee placed in special position vis-à-vis victim – Whether features of special position warrant finding of liability.
Procedure – Courts and judges generally – Determination of issues – Whether appropriate for trial judge to determine all litigated issues.
Words and phrases – "authority", "close connection", "control", "course or scope of employment", "extension of time", "extraordinary delay", "fair and just", "intimacy", "occasion", "opportunity", "power", "special features", "special position", "trust", "vicarious liability".
Limitation of Actions Act 1936 (SA) – s 48
Appeal from SASC (FC): [2015] SASCFC 161
Held: Appeal allowed with costs.
The following cases have been reserved or part heard by the High Court of Australia.
S199/2016: [2016] HCATrans 239
Date heard: 12 October 2016
Coram: Kiefel, Bell, Gageler, Keane and Gordon JJ
Catchwords:
Administrative law – Jurisdictional error – Reference date – Whether the existence of a reference date in s 8 of the Building and Construction Industry Security of Payment Act 1999 (NSW) to support a payment claim is a jurisdictional fact.
Appealed from NSWSC (CA): [2015] NSWCA 288
Date heard: 27 July 2016
Coram: French CJ, Kiefel, Gageler, Nettle & Gordon JJ
Catchwords:
Competition – Whether appellant travel agent attempted to induce specific airlines to make a contract, arrangement or arrive at an understanding which had the purpose or effect of substantially lessening competition in a market – Consideration of relevant market – Characterisation of relevant services supplied by airlines and travel agents – Whether airlines and travel agents competed in a market for booking and distribution services, or whether the only relevant market was the market for international passenger air travel services – Whether travel agents competed with airlines in that market given they were the agent of the airlines when supplying such services – Application of ss 45 and 45A of the Trade Practices Act 1974 (Cth).
Appealed from FCA (FC): [2015] FCAFC 104.
S136/2016: [2016] HCATrans 160
Date heard: 20 July 2016
Coram: French CJ, Kiefel, Gageler, Nettle and Gordon JJ
Catchwords:
Contract – Letters of credit – Whether a misdescription of the beneficiary of a bank guarantee entitled the bank to refuse to pay out the credit – Whether regard could be had to the underlying contract to confirm the correct description of the beneficiary – Autonomy principle – Principle of strict compliance
Appealed from NSWSC (CA): [2015] NSWCA 413
Date heard: 31 August 2016
Coram: Kiefel, Bell, Gageler, Keane & Nettle JJ
Catchwords:
Criminal law – Evidence – Confessions and admissions – Application of proviso – Where statement was incorrectly admitted – Misdirection and non-direction
Criminal law – Evidence – Propensity evidence – Possession of firearms – Whether court of appeal erred in holding that evidence regarding the possession of firearms was correctly admitted.
Appealed from SASC (CCA): [2015] SASCFC 180
Date heard: 31 August 2016
Coram: Kiefel, Bell, Gageler, Keane & Nettle JJ
Catchwords:
Criminal law – Evidence – Confession and admissions – Application of proviso – Whether possibility jury relied on inadmissible statement made by the co-accused to reject oral evidence could be excluded.
Criminal law – Extended joint enterprise – Application of McAuliffe v The Queen (1995) 183 CLR 108.
Appealed from SASC (CCA): [2015] SASCFC 180
M105/2016: [2016] HCATrans 240
Date heard: 13 October 2016
Coram: Bell, Gageler, Keane, Nettle and Gordon JJ
Catchwords:
Criminal law – Sentencing – Where respondent doused victim with petrol and set her alight – Where respondent pleaded guilty to intentionally causing serious injury – Where offence carries a maximum of 20 years imprisonment – Where respondent was sentenced to 14 years for primary offence – Where Court of Appeal found that the sentence was manifestly excessive – Where Court of Appeal reduced sentence – Principles regarding the review of sentencing.
Appealed from VSC (CA): [2015] VSCA 331
S168/2016: [2016] HCATrans 228; [2016] HCATrans 229
Date heard: 4 October 2016; 5 October 2016
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ
Catchwords:
Land – Aboriginal land rights – Aboriginal Land Rights Act 1983 (NSW) – Claim to Crown Land – Where land had been dedicated to gaol – Where gaol decommissioned but dedications not revoked – Whether land was lawfully occupied within the meaning of s 36(1)(b) of Act.
Appealed from NSWSC (CA): [2015] NSWCA 349
Date heard: 1 September 2016
Coram: French CJ, Kiefel, Keane, Nettle & Gordon JJ
Catchwords:
Procedure – Group proceedings - Part 4A of the Supreme Court Act 1986 (Vic) – Managed investment schemes – Collapse of schemes – Group proceeding on behalf of investors in schemes – Defendants include lender to investors – Dismissal of group proceeding – opt out provisions – Subsequent recovery proceedings by lender against group members – Group members had not opted out of group proceeding – Group members raised individual claims and defences in recovery proceedings – Whether failure to opt out of group proceeding precluded group members from raising individual claims and defences in recovery proceedings.
Procedure – Group proceedings – Anshun estoppel – Test – Whether unreasonable of group members not to have raised individual claims and defences during group proceeding – Whether group members estopped from raising individual claims and defenced in subsequent proceedings by a reason of failure to raise individual claims and defences in the group proceedings – Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589.
Procedure – Group proceedings – Abuse of process – Failure of plaintiff of group members to raise individual claims in group proceedings – Whether raising individual claims and defences by group members in subsequent proceedings is oppressive or brings administration of justice into disrepute.
Appealed from VSC (CA): [2016] VSCA 128
M101/2016: [2016] HCATrans 193
Date heard: 1 September 2016
Coram: French CJ, Kiefel, Keane, Nettle & Gordon JJ
Catchwords:
Procedure – Group proceedings - Part 4A of the Supreme Court Act 1986 (Vic) – Managed investment schemes – Collapse of schemes – Group proceeding on behalf of investors in schemes – Defendants include lender to investors – Dismissal of group proceeding – opt out provisions – Subsequent recovery proceedings by lender against group members – Group members had not opted out of group proceeding – Group members raised individual claims and defences in recovery proceedings – Whether failure to opt out of group proceeding precluded group members from raising individual claims and defences in recovery proceedings.
Procedure – Group proceedings – Anshun estoppel – Test – Whether unreasonable of group members not to have raised individual claims and defences during group proceeding – Whether group members estopped from raising individual claims and defenced in subsequent proceedings by a reason of failure to raise individual claims and defences in the group proceedings – Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589.
Procedure – Group proceedings – Abuse of process – Failure of plaintiff of group members to raise individual claims in group proceedings – Whether raising individual claims and defences by group members in subsequent proceedings is oppressive or brings administration of justice into disrepute.
Appealed from VSC (CA): [2016] VSCA 128
S144/2016: [2016] HCATrans 181; [2016] HCATrans 182
Date heard: 23 August 2016; 24 August 2016
Coram: French CJ, Kiefel, Gageler, Keane, & Gordon JJ
Catchwords:
Income tax – Where appellant participated in profit participation schemes as an employee of company group in foreign countries and in Australia – Where employee allocated ‘profit participation units’ and equal number of shares in holding company – Whether amount assessable as ordinary income or as a capital gain.
Appeal from FCA (FC): [2015] FCAFC 154
S134/2016: [2016] HCATrans 183; [2016] HCATrans 184
Date heard: 24 August 2016; 25 August 2016
Coram: French CJ, Kiefel, Bell, Nettle & Gordon JJ
Catchwords:
Income Tax – Whether company is resident of Australia – Place of central management and control – Real business – Relevant principles in determining place of central management and control –Construction of s 70-40(2) of the Income Tax Assessment Act 1997 (Cth).
Appealed from FCA (FC): [2015] FCAFC 176
S135/2016: [2016] HCATrans 183; [2016] HCATrans 184
Date heard: 24 August 2016; 25 August 2016
Coram: French CJ, Kiefel, Bell, Nettle & Gordon JJ
Catchwords:
Income Tax – Whether company is resident of Australia – Place of central management and control – Real business – Relevant principles in determining place of central management and control –Profits from sale of shares – Trading stock – Construction of s 70-40(2) of the Income Tax Assessment Act 1997 (Cth).
Appealed from FCA (FC): [2015] FCAFC 176
M88/2016; M89/2016: [2016] HCATrans 230
Date heard: 6 October 2016
Coram: Kiefel, Bell, Gageler, Keane and Gordon JJ.
Catchwords:
Taxation – Land tax – Where Commissioner of State Revenue raised a land tax liability under the Land Tax Act 1958 (Vic) – Duplication error – Discretionary power of the Commissioner to amend assessments – Where the Commissioner refuses to amend assessments – Whether the issue of a tax assessment creates a tax debt.
Appealed from the VSC (CA): [2015] VSCA 332
M104/2016: [2016] HCATrans 237
Date heard: 11 October 2016
Coram: Kiefel, Gageler, Keane, Nettle and Gordon JJ
Catchwords:
Taxation – Statutory construction – “Unit trust” – Meaning of a “unit trust” within Division 6C of Income Tax Assessment Act 1936 (Cth) – Whether definition of “unit for the purposes of a “prescribed trust estate” can inform the meaning of a “unit trust” – Whether Electrical Industry Severance Scheme is a unit trust.
Appealed from FCA (FC): [2015] FCAFC 178
S142/2016: [2016] HCATrans 186
Date heard: 26 August 2016
Coram: French CJ, Bell, Gageler, Keane & Nettle JJ
Catchwords:
Workers compensation – The operation and exclusion in s 5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – Causation of injury, disease or aggravation under the Act – Whether injury, disease or aggravation suffered ‘as a result of’ administrative action – Whether administrative action taken ‘in a reasonable manner’.
Appealed from FCA (FC): [2015] FCAFC 169
The following cases are ready for hearing in the original jurisdiction of the High Court of Australia.
M32/2016: Demurrer
Catchwords:
Constitutional law – Section 92 – Trade within the Commonwealth to be free – Environment Protection Act 1970 (Vic) – Environment Protection (Industrial Waste Resource) Regulations 2009 (Vic) – Where plaintiffs operate in national waste collection, recycling and disposal industry - Contract to dispose of contaminated soil in Victoria by transporting to and disposing of in South Australia - 2nd plaintiff obtained approval from Environment Protection Authority South Australia for treatment of soil in South Australia - 1st plaintiff sought approval from Environment Protection Victoria for transport of waste from Victoria to South Australia – Where approval refused - EPA Vic not satisfied waste would be deposited at facility in SA with better environmental performance standards than in Vic - Whether reg 26 or 26(3) Environment Protection (Industrial Waste Resource) Regulations 2009 (Vic) contrary to s92 Commonwealth Constitution and therefore invalid - Whether refusal decision contrary to s92 Commonwealth Constitution and therefore invalid or ultra vires the Regulations.
B52/2016: Writ of Summons
Catchwords:
Constitutional law – Validity of the Corporations Act 2001 (Cth) – Where plaintiff had been a director of a company on a number of occasions – Where company was subsequently placed into administration – Where Federal Court issued summons, pursuant to s 596A of the Corporations Act 2001 (Cth), to plaintiff requiring plaintiff’s attendance to be examined and to produce documents – Whether s 596A is an exercise of judicial power.
B55/2016: Writ of Summons
Catchwords:
Constitutional law – Validity of the Corporations Act 2001 (Cth) – Where plaintiff had been a director of a company – Where company was subsequently placed into administration – Where Federal Court issued summons, pursuant to s 596A of the Corporations Act 2001 (Cth), to plaintiff requiring plaintiff’s attendance to be examined and to produce documents – Whether s 596A is an exercise of judicial power.
The following cases have been granted special leave to appeal to the High Court of Australia.
Date heard: 2 September 2016 – Special leave granted.
Catchwords:
Administrative law – Jurisdictional error – Provision of reasons – Where Refugee Review Tribunal preferred one piece of evidence over another piece of contrary evidence closer in time to the decision being made – Where no reasons were provided for preference of one piece of evidence contrary to another – Where appellant court speculated as to why Tribunal made preference of one piece of evidence contrary to another.
Appealed from FCA: [2016] FCA 150
S110/2016: [2016] HCATrans 245
Date heard: 14 October 2016 – Special leave granted.
Catchwords:
Competition – Trade Practices Act 1974 (Cth) – Price fixing – s 4E of the Trade Practices Act 1974 (Cth) – Meaning of a market ‘in Australia’ – Whether markets for airborne cargo out of Hong Kong, Singapore and Indonesia to ports in Australia were markets ‘in Australia’.
Appealed from FCA (FC): [2016] FCAFC 42
S112/2016: [2016] HCATrans 245
Date heard: 14 October 2016 – Special leave granted.
Catchwords:
Competition – Trade Practices Act 1974 (Cth) – Price fixing – s 4E of the Trade Practices Act 1974 (Cth) – Meaning of a market ‘in Australia’ – Whether markets for airborne cargo out of Hong Kong, Singapore and Indonesia to ports in Australia were markets ‘in Australia’.
Appealed from FCA (FC): [2016] FCAFC 42
P39/2015: [2016] HCATrans 233
Date heard: 7 October 2016 – Special leave granted on limited grounds.
Catchwords:
Constitutional law – s 80 of the Constitution – Judiciary Act 1903 (Cth) – Where appellant was a resident of NSW – Where appellant was charged and convicted for drug offences in Western Australia under the Misuse of Drugs Act 1981 (WA) – Where appellant was convicted by majority - Whether sections of the Misuse of Drugs Act 1981 (WA) were picked up and applied as Commonwealth Law under s 79(1) of the Judiciary Act 1903 (Cth) – Whether s 80 of the Constitution applied to the appellants trial.
Appealed from WASC (CA): [2015] WASCA 164
M43/2016: [2016] HCATrans 231
Date heard: 7 October 2016 – Special leave granted.
Catchwords:
Contract law – Construction of contract – Long term farm lease – Where planning scheme restrictions prevented freehold sale – Where parties entered into 99 year lease for total rental of $70,000 paid in full at commencement of lease – Where clause 13 referred to intention of lessor to sell and lessee to purchase freehold for consideration of $70,000 – Where clause 4 provided that lessee to pay ‘all rates taxes assessments and outgoings whatsoever excepting land tax ... payable by the Landholder or tenant’ – Whether the Court should consider parties mutual subjective intention when constructing a contract.
Appealed from VSC (CA): [2016] VSCA 23
S193/2016: [2016] HCATrans 162
Date determined: 21 July 2016 – Special leave granted on limited grounds.
Catchwords
Criminal law – Sexual intercourse with a child under 10 years – Where accused was aged between 11 and 13 years – Doli incapax – Whether presumption rebutted – Test for establishing whether doli incapax presumption rebutted.
Appealed from NSWSC (CCA): [2015] NSWCCA 215
Date heard: 1 September 2016 – Special leave granted.
Catchwords:
Criminal law – Directions to jury – Proviso – Application of proviso – Where evidence was led at trial about the appellants drug possession – Where Court of Criminal Appeal held that evidence of the appellant’s drug possession was relevant and correctly admitted – Where a majority of the Court of Criminal Appeal held that the trial Judge failed to provide satisfactory directions regarding the permissible use of the evidence of the appellant’s drug possession – Whether the Court of Criminal Appeal correctly applied the proviso.
Appealed from SASC (CCA): [2015] SASCFC 103
Date heard: 1 September 2016 – Special leave granted on limited grounds.
Catchwords:
Criminal law – Where appellant was taken into ‘protective custody’ under the Police Administration Act (NT) s 128 – Where appellant spat on police officer – Where appellant was convicted of assault – Construction of s 128(1) of the Police Administration Act (NT) – Exercise of power under s 128(1) – Whether the Police Officer had reasonable grounds to establish that the appellant was likely to commit another offence – Whether the appellants apprehension was lawful.
Appealed from NTSC (CA): [2016] NTCA 2
S226/2016: [2016] HCATrans 201
Date heard: 2 September 2016 – Special leave granted on limited grounds.
Catchwords:
Criminal law – Tendency evidence – Significant probative value – Whether trial judge erred in admitting tendency evidence – Whether trial judge properly accounted for risk of contamination and concoction in assessing significant probative value – Evidence Act 1995 (NSW) s 97 – Prejudicial effect of tendency evidence – Evidence Act 1995 (NSW) s 101 – Whether directions to jury sufficient.
Appealed from NSWSC (CCA): [2015] NSWCCA 330
S56/2016: [2016] HCATrans 246
Date heard: 14 October 2016 – Special leave granted on limited grounds.
Catchwords:
Criminal law – Sentencing – Where appellant pleaded guilty to multiple child sexual assault offences against nine victims – Where Court of Appeal erred in determining an aggregate sentence on the basis that Count 9 of the first indictment was an offence contrary to s 61M(2) of the Crimes Act 1900 (NSW) – Where Count 9 was an offence under s 61M(1) – Where s 61M(1) and s 61M(2) have different maximum sentences.
Appealed from NSWSC (CCA): [2016] NSWCCA 1
M44/2016: 
[2016] HCATrans
248 
Date determined: 14 October 2016 – Special leave granted.
Catchwords:
Criminal law – Criminal Code (Cth) s 307.1 – Intention – Factual inferential reasoning – Application of Kural v The Queen (1987) 162 CLR 502 – Whether ‘awareness of the likelihood’ can be used to establish intention under the Criminal Code (Cth).
Appealed from VSC (CA): [2016] VSCA 56
S153/2016: [2016] HCATrans 247
Date determined: 14 October 2016 – Special leave granted.
Catchwords:
Criminal law – Criminal Code (Cth) s 307.1 – Intention – Factual inferential reasoning – Application of Kural v The Queen (1987) 162 CLR 502 – Whether ‘awareness of the likelihood’ can be used to establish intention under the Criminal Code (Cth).
Appealed from NSWSC (CCA): [2016] NSWCCA 93
S111/2016: [2016] HCATrans 243
Date heard: 14 October 2016 – Special leave granted.
Catchwords:
Family law – Children – Parenting orders – Family Law Act 1975 (Cth) – Where children retained in United States after travelling there for a holiday – Where retention in breach of order for equal shared parental responsibility – Where the father appeals against interim orders which require him to return the children to Sydney pending determination of whether the children are permitted to relocate to the United States – Where children, aged almost 15 and almost 17, express desire to stay in the United States – Whether the trial judge failed to consider and evaluate the relevant statutory considerations – Whether the trial judge gave adequate weight to the views expressed by the children – Consideration of living arrangements on the children’s return – Whether the orders made by the primary judge were in the best interests of the children – Whether trial judge was required to make further findings before issuing parenting order.
Appealed from FamFC (FC): [2016] FamCAFC 48
Date heard: 2 September 2016 – Special leave granted.
Catchwords:
Migration – Requirement that visa applicant holds a certain visa at the time of application – Where visa application lodged on the Monday immediately following expiry on Sunday of the previously held visa – Application of s 36(2) of the Acts Interpretation Act 1901 (Cth).
Appealed from FCA: [2016] FCA 177
S170/2016: [2016] HCATrans 141; [2016] HCASL 140
Date heard: 17 June 2016 – Special leave granted.
Catchwords:
Negligence – Professional negligence – Lawyers – Advocates immunity – Duties and liabilities – Settlement of proceedings – Whether alleged failure in advice in relation to settlement offer was a decision affecting the conduct of the case in Court – Application of test in D’Orta-Ekenaike v Victorian Legal Aid (2005) 223 CLR 1.
Appealed from NSWSC (CA): [2015] NSWCA 132
P47/2016; P48/2016: [2016] HCATrans 190
Date determined: 1 September 2016 – Special leave granted.
Catchwords:
Planning – Statutory construction – Planning and Development Act 2005 (WA), s 173, s 177 – Planning Scheme – Amendment to planning scheme – Injurious affection – Compensation – Whether compensation available to person who subsequently purchased property from owner at the time scheme came into effect.
Appealed from WASC (CA): [2016] WASCA 53
S61/2016: Discontinued.
Catchwords:
Migration – Family Stream – Direction by Minister – Where Minister gave written Direction 62 – order for considering and disposing of Family Stream visa applications, under s 499 of the Migration Act 1958 (Cth) – Where direction provides an order of priority for the processing of Family Stream visa applications – Whether the Direction is a legislative instrument per Legislation Act 2003 (Cth) – Whether Direction obliged delegates of the Minister to follow the order of priority set out in s 8 of the Direction in every case – Whether Direction is inconsistent with the Minister’s obligation under the Migration Act to consider and determine each Family Stream visa application within a reasonable time - Whether Direction is inconsistent with s 51(1) of the Migration Act.
Publication of Reasons: 5 October 2016
|
No. |
Applicant |
Respondent |
Court appealed from |
Result
|
|---|---|---|---|---|
|
|
Ayre
|
Western
Australia Police
(P17/2016)
|
Application
for removal
|
|
|
|
Singh
|
Minister
for Immigration and Border Protection &
Anor
(B38/2016) |
Federal
Court of
Australia
[2016] FCA 575 |
|
|
|
Sanderson
& Anor
|
Bank of
Queensland
Limited
(B41/2016) |
Supreme
Court of Queensland (Court of
Appeal)
[2016] QCA 137 |
|
|
|
MZADZ
|
Minister
for Immigration and Border Protection &
Anor
(D1/2016) |
Federal
Court of
Australia
[2016] FCA 9 |
|
|
|
Dean
& Anor
|
Legal
Practice
Board
(P22/2016) |
Supreme
Court of Western Australia (Court of
Appeal)
[2016] WASCA 63 |
|
|
|
Santos
|
The State
of Western
Australia
(P36/2016) |
Supreme
Court of Western Australia (Court of
Appeal)
[2016] WASCA 107 |
|
|
|
SZUMS
|
Minister
for Immigration and Border Protection &
Anor
(S157/2016) |
Federal
Court of
Australia
[2016] FCA 542 |
|
|
|
SZTXS
|
Minister
for Immigration and Border Protection &
Anor
(S163/2016) |
Federal
Court of
Australia
[2016] FCA 726 |
|
|
|
SZUOW
|
Minister
for Immigration and Border Protection &
Anor
(S198/2016) |
Federal
Court of
Australia
[2016] FCA 871 |
7 October 2016: Canberra
|
No. |
Applicant |
Respondent |
Court appealed from |
|
|---|---|---|---|---|
|
|
Commissioner
of Taxation
|
Financial
Synergy Holdings
Pty Ltd (M46/2016)
|
Full
Court of the Federal Court of Australia
[2016]
FCAFC 31
|
Application
dismissed
|
Publication of Reasons: 12 October 2016
|
No. |
Applicant |
Respondent |
Court appealed from |
Result
|
|---|---|---|---|---|
|
|
BZAGD
|
Minister
for Immigration and Border Protection & Anor
(M77/2016)
|
Federal
Court of Australia
[2016] FCA 670
|
|
|
|
SZQDR
|
Minister for Immigration and
Border Protection &
Anor
(S158/2016) |
Federal Court of
Australia
[2016] FCA 543 |
|
|
|
SZNQS
|
Minister for Immigration and
Border Protection &
Anor
(S169/2016) |
Federal Court of
Australia
[2016] FCA 637 |
|
|
|
Dean
|
Pepper Finance Corporation
Limited as Trustee of the Collection Service Trust
1
(S172/2016) |
Federal Court of
Australia
[2016] FCA 648 |
|
|
|
Waterhouse
|
Independent
Commission Against Corruption & Anor
(S180/2016)
|
Supreme
Court of New South Wales (Court of Appeal)
[2016] NSWCA
133
and related judgments |
Application
dismissed
|
|
|
Paxton
|
Child Support Registrar &
Anor
(S188/2016) |
Full Court of the Family
Court of Australia
|
|
|
|
Paxton
|
Child Support Registrar &
Anor
(S208/2016) |
Full Court of the Family
Court of Australia
|
|
|
|
SZNJE & Anor
|
Minister for Immigration and
Border Protection &
Anor
(S197/2016) |
Federal Court of
Australia
[2016] FCA 803 |
|
|
|
Advertiser-News Weekend
Publishing Company Pty Limited
|
De
Poi
(A22/2016) |
Full Court of the Supreme
Court of South Australia
[2016] SASCFC 25; [2016] SASCFC 45 |
|
|
|
Amos
|
Wiltshire
(B26/2016) |
Supreme Court of Queensland
(Court of Appeal)
[2016] QCA 77 |
|
|
|
Grant-Taylor &
Ors
|
Babcock & Brown Limited
(In Liquidation) &
Anor
(S137/2016) |
Full Court of the Federal
Court of Australia
[2016] FCAFC 60 |
|
|
|
George
|
Biggs &
Ors
(S152/2016) |
Supreme Court of New South
Wales (Court of Appeal)
[2016] NSWCA 113 |
|
|
|
Ellimark Pty Ltd
|
Athalie Calvo as Executrix of
the Estate of The Late Peter Calvo &
Ors
(S181/2016) |
Supreme Court of New South
Wales (Court of Appeal)
[2016] NSWCA 136 |
|
|
|
MZARK
|
Minister
for Immigration and Border Protection & Anor
(M85/2016)
|
High
Court of Australia
[2016] HCATrans
132
|
|
|
|
Theophane
|
Hunt &
Anor
(B42/2016) |
Full Court of the Family
Court of Australia
|
|
|
|
Giza
|
Waybecca Pty
Ltd
(M63/2016 & M64/2016) |
Supreme Court of Victoria
(Court of Appeal)
[2016] VSCA 78 |
|
|
|
Conomy
|
Maden
(P19/2016) |
Supreme Court of Western
Australia (Court of Appeal)
[2016] WASCA 30 |
|
|
|
Standen
|
The
Queen
(S94/2016) |
Supreme Court of New South
Wales (Court of Criminal Appeal)
[2015] NSWCCA 211 |
|
|
|
BFT15
|
Minister for Immigration and
Border Protection &
Anor
(S147/2016) |
Federal Court of
Australia
[2016] FCA 499 |
|
|
|
SZVJY
|
Minister for Immigration and
Border Protection &
Anor
(S159/2016) |
Federal Court of
Australia
[2016] FCA 618 |
|
|
|
Tayef
|
Minister for Immigration and
Border Protection &
Anor
(S165/2016) |
Federal Court of
Australia
[2016] FCA 633 |
|
|
|
BFC15
|
Minister for Immigration and
Border Protection &
Anor
(S187/2016) |
Federal Court of
Australia
[2016] FCA 735 |
Publication of Reasons: 13 October 2016.
|
No. |
Applicant |
Respondent |
Court appealed from |
Result |
|---|---|---|---|---|
|
|
Cekic
|
The
Queen
(A18/2016)
|
Supreme
Court of South Australia (Court of Criminal Appeal)
[2016] SASCFC 31
|
Application
dismissed
|
|
|
Ciantar
|
The
Queen
(A28/2016) |
Supreme Court of South
Australia (Court of Criminal
Appeal)
[2016] SASCFC 31 |
|
|
|
Versac
|
The
Queen
(B21/2016) |
Supreme Court of Queensland
(Court of Appeal)
[2011] QCA 318 |
|
|
|
Blick
|
Franklin
(C4/2016) |
Supreme Court of the
Australian Capital Territory (Court of Appeal) [2016] ACTCA 17 |
|
|
|
Singh
|
Minister for Immigration and
Border Protection &
Anor
(M69/2016) |
Full Court of the Federal
Court
of Australia [2015] FCAFC 151 |
|
|
|
Derley
|
The
Queen
(S138/2016) |
Supreme Court of New South
Wales (Court of Criminal Appeal)
[2016] NSWCCA 60 |
Publication of Reasons: 14 October 2016
|
No. |
Applicant |
Respondent |
Court appealed from |
Result |
|---|---|---|---|---|
|
|
Stone
|
Moore
(A25/2016)
|
Full
Court of the Supreme Court of South Australia
[2016] SASCFC 50
|
Application
dismissed with costs
|
|
|
Shambayati
|
The
Queen
(B32/2016) |
Supreme Court of Queensland
(Court of Appeal)
[2016] QCA 100 |
|
|
|
AXG15
|
Minister for Immigration and
Border Protection &
Anor
(B35/2016) |
Federal Court of
Australia
[2016] FCA 492 |
|
|
|
Tran
|
The
Queen
(M66/2016) |
Supreme Court of Victoria
(Court of Appeal)
[2016] VSCA 79 |
|
|
|
Chang
|
The
Queen
(M67/2016) |
Supreme Court of Victoria
(Court of Appeal)
[2016] VSCA 79 |
|
|
|
Higgs
|
The
Queen
(M68/2016) |
Supreme Court of Victoria
(Court of Appeal)
[2015] VSCA 223 |
|
|
|
Babington &
Ors
|
Commonwealth of Australia
& Anor
(S130/2016) |
Full Court of the Federal
Court of Australia
[2016] FCAFC 45 |
14 October 2016: Sydney
|
No. |
Applicant |
Respondent |
Court appealed from |
Results
|
|---|---|---|---|---|
|
|
Graham
& Ors
|
St
Ives Gold Mining Company Pty Limited & Ors
(P15/2016
& P16/2016)
|
Full
Court of the Federal Court of Australia
[2016]
FCAFC 47
|
Special
leave refused
|
|
|
CGU
Insurance Limited & Ors
|
Barrie
Toepfer Earthmoving and Land Management Pty
Ltd
(S122/2016) |
Supreme
Court of New South Wales (Court of
Appeal)
[2016] NSWCA 67 |
|
|
|
Jones
& Anor
|
Treasury
Wine Estates
Limited
(S128/2016) |
Full
Court of the Federal Court of
Australia
[2016] FCAFC 59 |
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URL: http://www.austlii.edu.au/au/other/hca/bulletin/2016/8.html