HCA

ASF17 v Commonwealth of Australia [2024] HCA 19 (10 May 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Immigration detention – Continuing detention – Where appellant citizen of Iran – Where appellant arrived in Australia as unlawful non-citizen and held in immigration detention under s 189(1) of Migration Act 1958 (Cth) (“Act”) – Where appellant’s application for Safe Haven Enterprise Visa refused and […]

ASF17 v Commonwealth of Australia [2024] HCA 19 (10 May 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Chief Executive Officer, Aboriginal Areas Protection Authority v Director of National Parks [2024] HCA 16 (08 May 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Statutes – Construction – Presumptions – Imposition of criminal liability – Where Director of National Parks (“DNP”) engaged contractor to perform construction works within “sacred site” under Northern Territory Aboriginal Sacred Sites Act 1989 (NT) (“Sacred Sites Act”) – Where works undertaken without permission of “Authority Certificate” or “Minister’s Certificate” under Sacred Sites Act

Chief Executive Officer, Aboriginal Areas Protection Authority v Director of National Parks [2024] HCA 16 (08 May 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Obian v The King [2024] HCA 18 (08 May 2024) (Gageler CJ; Gordon, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Statutes – Construction – Statutory powers – Where s 233(2) of Criminal Procedure Act 2009 (Vic) provides that prosecution may, with leave of trial judge, call evidence in reply “[i]f, after the close of the prosecution case, the accused gives evidence which could not reasonably have been foreseen by the prosecution” having regard to

Obian v The King [2024] HCA 18 (08 May 2024) (Gageler CJ; Gordon, Gleeson, Jagot and Beech-Jones JJ) Read More »

Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 (08 May 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Damages – Contract – Where appellant owned land on which airport located – Where appellant and respondent entered into agreement by which respondent to lease prospective lot at airport – Where appellant breached obligation in agreement to take all reasonable action to apply for and obtain registration of plan of subdivision – Where respondent

Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 (08 May 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 (17 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Criminal practice – Trial – Directions to jury – Tendency – Where respondent due to stand trial on charges of sexual offences committed against two children of former partner – Where prosecution served tendency notice stating intention to rely on evidence of uncharged and charged acts to support alleged tendency on part of respondent

Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 (17 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation decision – Where respondent’s visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where Minister provided by Department of Home Affairs with submission summarising respondent’s representations, draft

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024) (Gageler CJ; Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Criminal practice – Trial – Directions to jury – Conspiracy – Where respondent found guilty of conspiracy to import commercial quantity of border controlled drug contrary to ss 11.5(1) and 307.1(1) of Criminal Code (Cth) – Where s 11.5(7A) provided that any special liability provisions that apply to an offence apply also to offence

Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024) (Gageler CJ; Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024) (Gageler CJ; Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Criminal practice – Trial – Directions to jury – Conspiracy – Where respondent found guilty of conspiracy to import commercial quantity of border controlled drug contrary to ss 11.5(1) and 307.1(1) of Criminal Code (Cth) – Where s 11.5(7A) provided that any special liability provisions that apply to an offence apply also to offence

Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024) (Gageler CJ; Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 (17 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Criminal practice – Trial – Directions to jury – Tendency – Where respondent due to stand trial on charges of sexual offences committed against two children of former partner – Where prosecution served tendency notice stating intention to rely on evidence of uncharged and charged acts to support alleged tendency on part of respondent

Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 (17 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation decision – Where respondent’s visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where Minister provided by Department of Home Affairs with submission summarising respondent’s representations, draft

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Administrative law (Cth) – Judicial review – Jurisdictional error – Materiality – Threshold of materiality – Principles to be applied. Immigration – Visas – Cancellation of visa – Where appellant committed and found guilty of offences – Where appellant sentenced to terms of imprisonment – Where appellant’s visa mandatorily cancelled under s 501(3A) of

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Administrative law (Cth) – Judicial review – Jurisdictional error – Materiality – Threshold of materiality – Principles to be applied. Immigration – Visas – Cancellation of visa – Where appellant committed and found guilty of offences – Where appellant sentenced to terms of imprisonment – Where appellant’s visa mandatorily cancelled under s 501(3A) of

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech-Jones JJ)

Catchwords: Statutes – Construction – Non-compliance with condition precedent to exercise of statutory jurisdiction – Consequences for validity of exercise of jurisdiction – Where appellant’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where delegate of Minister decided under s 501CA(4) not to revoke original decision – Where appellant’s migration agent applied

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech-Jones JJ) Read More »

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech-Jones JJ)

Catchwords: Statutes – Construction – Non-compliance with condition precedent to exercise of statutory jurisdiction – Consequences for validity of exercise of jurisdiction – Where appellant’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where delegate of Minister decided under s 501CA(4) not to revoke original decision – Where appellant’s migration agent applied

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech-Jones JJ) Read More »

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech‑jones JJ)

Catchwords: Statutes – Construction – Non-compliance with condition precedent to exercise of statutory jurisdiction – Consequences for validity of exercise of jurisdiction – Where appellant’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where delegate of Minister decided under s 501CA(4) not to revoke original decision – Where appellant’s migration agent applied

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech‑jones JJ) Read More »

Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024) (Gageler CJ; Steward, Gleeson, Jagot and Beech‑jones JJ)

Catchwords: Criminal practice – Trial – Directions to jury – Conspiracy – Where respondent found guilty of conspiracy to import commercial quantity of border controlled drug contrary to ss 11.5(1) and 307.1(1) of Criminal Code (Cth) – Where s 11.5(7A) provided that any special liability provisions that apply to an offence apply also to offence

Director of Public Prosecutions (Cth) v Kola [2024] HCA 14 (17 April 2024) (Gageler CJ; Steward, Gleeson, Jagot and Beech‑jones JJ) Read More »

Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 (17 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ)

Catchwords: Criminal practice – Trial – Directions to jury – Tendency – Where respondent due to stand trial on charges of sexual offences committed against two children of former partner – Where prosecution served tendency notice stating intention to rely on evidence of uncharged and charged acts to support alleged tendency on part of respondent

Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 (17 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ) Read More »

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ)

Catchwords: Administrative law (Cth) – Judicial review – Jurisdictional error – Materiality – Threshold of materiality – Principles to be applied. Immigration – Visas – Cancellation of visa – Where appellant committed and found guilty of offences – Where appellant sentenced to terms of imprisonment – Where appellant’s visa mandatorily cancelled under s 501(3A) of

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ) Read More »

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation decision – Where respondent’s visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where Minister provided by Department of Home Affairs with submission summarising respondent’s representations, draft

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ) Read More »

Redland City Council v Kozik [2024] HCA 7 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward and Jagot JJ)

Catchwords: Statutes – Construction – Statutory debt – Local government – Special rates and charges – Where appellant empowered by Local Government Act 2009 (Qld) (“Act”) to levy special rates and charges in respect of rateable land – Where appellant purported to levy special charges on respondents’ land – Where special charges levied pursuant to

Redland City Council v Kozik [2024] HCA 7 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward and Jagot JJ) Read More »

Hurt v The King; Hurt v The King; Delzotto v The King [2024] HCA 8 (13 March 2024) (Gageler CJ; Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal law – Sentencing – Appeal against sentence – Minimum sentences – Where s 16AAB of Crimes Act 1914 (Cth), inserted by Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) (“Amendment Act”), provided for minimum terms of imprisonment, subject to limited exceptions, for offences – Where offences included

Hurt v The King; Hurt v The King; Delzotto v The King [2024] HCA 8 (13 March 2024) (Gageler CJ; Edelman, Steward, Gleeson and Jagot JJ) Read More »

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)

Catchwords: Statutes – Construction – Procedural fairness – Reasonable opportunity to respond – Where Independent Broad-based Anti-corruption Commission (“IBAC”) conducted investigation into allegations of unauthorised access to and disclosure of internal email accounts – Where IBAC provided redacted draft special report containing proposed adverse findings against appellants – Where IBAC refused to provide evidentiary material

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 (13 March 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) Read More »

The King v Anna Rowan – a Pseudonym [2024] HCA 9 (13 March 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech‑jones JJ)

Catchwords: The King v Anna Rowan – A Pseudonym Criminal law – Defences – Defence of duress – Where respondent charged with sexual offences committed against two of her daughters in presence of respondent’s partner “JR” – Where, prior to trial, respondent sought to raise defence of duress – Where supporting evidence on voir-dire included

The King v Anna Rowan – a Pseudonym [2024] HCA 9 (13 March 2024) (Gageler CJ; Gordon, Edelman, Jagot and Beech‑jones JJ) Read More »

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 (06 March 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Beech‑jones JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Where plaintiff found guilty of robbery offences when under 16 years of age before Children’s Court of New South Wales – Where plaintiff committed subsequent robbery offences as adult – Where plaintiff’s visa cancelled under s 501(2) of Migration Act 1958 (Cth) – Where delegate of

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 (06 March 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Beech‑jones JJ) Read More »

Xerri v The King [2024] HCA 5 (06 March 2024) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal law – Sentence – Calculation – Statutory interpretation – Maximum penalty – Persistent child sexual abuse offence – Where s 66EA of Crimes Act 1900 (NSW) came into effect from 1 December 2018 with maximum penalty of life imprisonment – Where previous s 66EA of Crimes Act provided for maximum penalty of 25

Xerri v The King [2024] HCA 5 (06 March 2024) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ) Read More »

The King v Rohan (a pseudonym) [2024] HCA 3 (14 February 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ)

Catchwords: Criminal law – Appeal against conviction – Criminal liability – Statutory complicity – Where s 324(1) of Crimes Act 1958 (Vic) provided, “if an offence … is committed, a person who is involved in the commission of the offence is taken to have committed the offence” – Where s 323(1)(c) of Crimes Act provided

The King v Rohan (a pseudonym) [2024] HCA 3 (14 February 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ) Read More »

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 (14 February 2024) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ)

Catchwords: Statutes – Construction – Where Sch 1A of Carriage of Goods by Sea Act 1991 (Cth) contained amended Hague-Visby Rules (the “Australian Hague Rules”) – Where Art 3(8) of Australian Hague Rules provided that any clause in contract for carriage of goods by sea relieving or lessening carrier’s liability for loss or damage to

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 (14 February 2024) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ) Read More »

Harvey v Minister for Primary Industry and Resources [2024] HCA 1 (07 February 2024) (Gageler CJ; Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Native title – Native title rights – Mining – Mineral leases – Where s 24MD(6B) of Native Title Act 1993 (Cth) entitles native title holders to certain procedural rights in relation to future acts that, relevantly, involve “the creation or variation of a right to mine for the sole purpose of the construction of

Harvey v Minister for Primary Industry and Resources [2024] HCA 1 (07 February 2024) (Gageler CJ; Gordon, Edelman, Steward and Gleeson JJ) Read More »

Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 (07 February 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ)

Catchwords: Immigration – Visas – Application for visa – Where delegate of Minister refused to grant visa under s 501 of Migration Act 1958 (Cth) as plaintiff did not pass character test and considerations favouring non‑refusal outweighed by considerations favouring refusal – Where delegate was required to comply with Direction No 90 – Visa refusal

Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 (07 February 2024) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ) Read More »

Bromley v The King [2023] HCA 42 (13 December 2023) (GAGELER CJ, EDELMAN, STEWARD, GLEESON AND JAGOT JJ)

Catchwords: Criminal law – Appeal against conviction – Second or subsequent appeal – Where applicant convicted of murder in 1985 – Where applicant’s conviction depended to considerable extent upon evidence of witness with schizophrenia or schizoaffective disorder – Where reliability of witness’ evidence was relevant issue at trial – Where applicant applied for permission to

Bromley v The King [2023] HCA 42 (13 December 2023) (GAGELER CJ, EDELMAN, STEWARD, GLEESON AND JAGOT JJ) Read More »

Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43 (13 December 2023) (GAGELER CJ, GORDON, STEWARD, GLEESON AND JAGOT JJ)

Catchwords: Trade practices – Consumer protection – Misleading or deceptive conduct – Where vehicle purchased with fuel consumption label applied in compliance with Motor Vehicle Standards Act 1989 (Cth) and Vehicle Standard (Australian Design Rule 81/02 – Fuel Consumption Labelling for Light Vehicles) 2008 (Cth) – Where specific contents of label prescribed by law –

Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43 (13 December 2023) (GAGELER CJ, GORDON, STEWARD, GLEESON AND JAGOT JJ) Read More »

Karpik v Carnival plc [2023] HCA 39 (06 December 2023) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ)

Catchwords: Trade practices – Consumer protection – Extraterritorial application of s 23 of Australian Consumer Law (“ACL”) – Where company carrying on business in Australia selling and marketing cruises – Where contract of passage made outside Australia – Where contract was contract of adhesion incorporating set terms and conditions – Where terms and conditions included

Karpik v Carnival plc [2023] HCA 39 (06 December 2023) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ) Read More »

Huxley v The Queen [2023] HCA 40 (06 December 2023) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal practice – Trial – Directions to jury – Where appellant tried with two co-accused – Where appellant charged with murder, one co-accused charged with assault occasioning bodily harm and other co-accused charged with accessory after fact to murder or manslaughter – Where evidence from witness incriminated one co-accused but had potential to exculpate

Huxley v The Queen [2023] HCA 40 (06 December 2023) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ) Read More »

Potts v National Australia Bank Limited [2023] HCA 41 (06 December 2023) (Gageler CJ; Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: High Court of Australia – Special leave to appeal – Where questions of legal principle not in issue at appeal hearing – Whether single ground of appeal concerning factual issues met criteria for special leave to appeal – Whether special leave to appeal should be revoked. Words and phrases – “question of law of

Potts v National Australia Bank Limited [2023] HCA 41 (06 December 2023) (Gageler CJ; Gordon, Edelman, Steward and Gleeson JJ) Read More »

Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd [2023] HCA 38 (06 December 2023) (Gageler CJ; Gordon, Edelman, Steward and Jagot JJ)

Catchwords: Copyright – Infringement – Authorisation of infringement – Where s 36(1) of Copyright Act 1968 (Cth) relevantly provides copyright is infringed by person who, not being owner of copyright, and without licence of owner of copyright, “authorizes the doing in Australia” of any act comprised in copyright – Where first respondent owner of copyright

Real Estate Tool Box Pty Ltd v Campaigntrack Pty Ltd [2023] HCA 38 (06 December 2023) (Gageler CJ; Gordon, Edelman, Steward and Jagot JJ) Read More »

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 (28 November 2023) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ)

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Immigration detention – Indefinite detention without judicial order – Where plaintiff stateless Rohingya Muslim having well-founded fear of persecution in Myanmar – Where plaintiff’s bridging visa cancelled following criminal conviction – Where following release from criminal custody plaintiff taken into immigration detention under s 189

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 (28 November 2023) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑jones JJ) Read More »

McNamara v The King [2023] HCA 36 (15 November 2023) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ)

Catchwords: Evidence – Criminal trial – Joint trial – Discretionary exclusion rule – Where appellant and co‑accused convicted of murder and supplying large commercial quantity of methylamphetamine – Where appellant sought to lead evidence at trial that co‑accused admitted participation in several homicides and other criminal violence to establish defence of duress – Where evidence

McNamara v The King [2023] HCA 36 (15 November 2023) (Gageler CJ; Gordon, Steward, Gleeson and Jagot JJ) Read More »

HCF v The Queen [2023] HCA 35 (15 November 2023) (Gageler CJ; Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal practice – Appeal – Miscarriage of justice – Juror or jury misconduct – Where following trial by jury appellant convicted of six sexual offences – Where after entry of verdicts juror delivered note causing trial judge to authorise Sheriff to conduct investigation under s 70(7) of Jury Act 1995 (Qld) – Where investigation

HCF v The Queen [2023] HCA 35 (15 November 2023) (Gageler CJ; Edelman, Steward, Gleeson and Jagot JJ) Read More »

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 (01 November 2023) (Kiefel CJ; Gageler, Steward, Gleeson and Jagot JJ)

Catchwords: Courts – Abuse of process – Permanent stay of proceedings – Where appellant commenced claim for damages for personal injury against respondent 52 years after alleged sexual assault by priest employed by respondent occurred – Where no limitation period for claims resulting from child sexual abuse under s 6A of Limitation Act 1969 (NSW)

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 (01 November 2023) (Kiefel CJ; Gageler, Steward, Gleeson and Jagot JJ) Read More »

Benbrika v Minister for Home Affairs [2023] HCA 33 (01 November 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Cessation of Australian citizenship – Where s 36D of Australian Citizenship Act 2007 (Cth) (“Act”) provided Minister for Home Affairs may make determination that person ceases to be Australian citizen if, among other matters, person has been convicted of offence against provision of Pt 5.3

Benbrika v Minister for Home Affairs [2023] HCA 33 (01 November 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Young v Chief Executive Officer (Housing) [2023] HCA 31 (01 November 2023) (Kiefel CJ; Gageler, Gordon, Edelman and Gleeson JJ)

Catchwords: Residential tenancies – Where s 122(1) of Residential Tenancies Act 1999 (NT) (“Act”) relevantly provided Civil and Administrative Tribunal of the Northern Territory (“Tribunal”) may order compensation for loss or damage suffered by landlord or tenant under tenancy agreement be paid by other party because other party failed to comply with agreement – Where

Young v Chief Executive Officer (Housing) [2023] HCA 31 (01 November 2023) (Kiefel CJ; Gageler, Gordon, Edelman and Gleeson JJ) Read More »

Jones v Commonwealth of Australia [2023] HCA 34 (01 November 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Power to make laws with respect to naturalisation and aliens – Cessation of Australian citizenship – Where s 34(2)(b)(ii) of Australian Citizenship Act 2007 (Cth) (“Act”), in context, provided Minister may revoke person’s Australian citizenship acquired by conferral if, among other matters, person “convicted of

Jones v Commonwealth of Australia [2023] HCA 34 (01 November 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Vanderstock v Victoria [2023] HCA 30 (18 October 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Duties of excise – Exclusive power of Commonwealth Parliament – Scope and operation of s 90 of Constitution – Where s 7(1) of Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) (“ZLEV Charge Act”) purported to oblige registered operator of zero or low emissions vehicle (“ZLEV”) to pay

Vanderstock v Victoria [2023] HCA 30 (18 October 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Lang v The Queen [2023] HCA 29 (11 October 2023) (Kiefel CJ; Gageler, Gordon, Edelman and Jagot JJ)

Catchwords: Criminal Practice – Appeal – Unreasonable verdict – Independent assessment of evidence – Where appellant charged with and convicted of murder – Where appellant appealed conviction on ground that verdict unreasonable or could not be supported having regard to whole of evidence – Where deceased’s injuries were either self‑inflicted or caused by appellant –

Lang v The Queen [2023] HCA 29 (11 October 2023) (Kiefel CJ; Gageler, Gordon, Edelman and Jagot JJ) Read More »

Qantas Airways Limited v Transport Workers Union of Australia [2023] HCA 27 (13 September 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Industrial law (Cth) – Prohibition of taking adverse action against person to prevent exercise of workplace right – Workplace right – Where s 340(1)(b) of Fair Work Act 2009 (Cth) provided that person must not take adverse action against another person to prevent exercise of workplace right – Where Qantas Airways Ltd made decision

Qantas Airways Limited v Transport Workers Union of Australia [2023] HCA 27 (13 September 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Crime and Corruption Commission v Carne [2023] HCA 28 (13 September 2023) (Kiefel CJ; Gageler, Gordon, Edelman and Jagot JJ)

Catchwords: State Parliament – Parliamentary privilege – Where Crime and Corruption Commission (“Commission”) conducted investigation in response to complaint alleging corrupt conduct and maladministration by Public Trustee of Queensland – Where Commission then composed Report on allegations and investigation – Where Commission sought to use Parliamentary Crime and Corruption Committee (“Committee”) to make Report public

Crime and Corruption Commission v Carne [2023] HCA 28 (13 September 2023) (Kiefel CJ; Gageler, Gordon, Edelman and Jagot JJ) Read More »

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26 (06 September 2023) (Kiefel CJ; Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Constitutional Law (Cth) – Judicial power of the Commonwealth – Jurisdiction – Appeals – Meaning of “matter” – Where appellant commenced proceedings in Federal Court of Australia seeking mandamus to require Secretary of Department of Home Affairs to remove him from Australia to a regional processing country under s 198AD(2) of Migration Act 1958

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26 (06 September 2023) (Kiefel CJ; Gordon, Edelman, Steward and Gleeson JJ) Read More »

Vunilagi v The Queen [2023] HCA 24 (08 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in Territory courts – Institutional integrity of Territory courts – Where s 68BA inserted into Supreme Court Act 1933 (ACT) in response to COVID-19 pandemic – Where s 68BA(3) allowed Supreme Court of Australian Capital Territory (“ACT”) to make order for trial by

Vunilagi v The Queen [2023] HCA 24 (08 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Zurich Insurance Company Ltd v Koper [2023] HCA 25 (08 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Practice and procedure – Jurisdiction – Service outside Australia – Where first respondent sought leave under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (“Claims Act”) to bring proceedings against appellant insurers in Supreme Court of New South Wales (“NSWSC”) – Where ability of first respondent to bring proceedings under Claims Act

Zurich Insurance Company Ltd v Koper [2023] HCA 25 (08 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Disorganized Developments Pty Ltd v South Australia [2023] HCA 22 (02 August 2023) (Kiefel CJ; Gageler, Steward, Gleeson and Jagot JJ)

Catchwords: Statutes – Interpretation – Efficacy of regulations – Where s 83GD(1) of Criminal Law Consolidation Act 1935 (SA) (“1935 Act”) established offence for participant in criminal organisation to enter or attempt to enter “prescribed place” – Where “prescribed place” meant place declared by regulation – Where s 370 of 1935 Act empowered Governor in

Disorganized Developments Pty Ltd v South Australia [2023] HCA 22 (02 August 2023) (Kiefel CJ; Gageler, Steward, Gleeson and Jagot JJ) Read More »

The King v Jacobs Group (Australia) Pty Ltd [2023] HCA 23 (02 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Statutes – Construction – Where respondent pleaded guilty to offences of conspiracy to cause offer of provision of bribe to foreign public official contrary to ss 11.5 and 70.2(1) of Criminal Code (Cth) – Where s 70.2(5) of Criminal Code (Cth) relevantly prescribed maximum monetary penalty for offence as not more than greatest of:

The King v Jacobs Group (Australia) Pty Ltd [2023] HCA 23 (02 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (02 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Torts – Negligence – Vicarious liability – Where appellant employer of respondent – Where appellant required respondent to live in shared accommodation with another employee under terms of employment contract – Where other employee negligently urinated on respondent while he was sleeping causing cataplectic attack – Whether other employee’s wrongful act in course or

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (02 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Government of the Russian Federation v Commonwealth of Australia [2023] HCA 20 (26 June 2023) (Jagot J)

Catchwords: Injunctions – Interlocutory injunctions – Where plaintiff’s lease of land terminated by operation of Home Affairs Act 2023 (Cth) (“Act”) – Where plaintiff seeks declaration of constitutional invalidity of Act on ground Act not supported by head of legislative power and contrary to s 51(xxxi) of Constitution – Where plaintiff seeks alternative declaration that

Government of the Russian Federation v Commonwealth of Australia [2023] HCA 20 (26 June 2023) (Jagot J) Read More »

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 (14 June 2023) (Gageler, Gordon, Edelman, Steward and Jagot JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Where respondent’s visa subject to mandatory cancellation under s 501(3A) of Migration Act 1958 (Cth) – Where Minister decided not to revoke visa cancellation on basis that respondent represented unacceptable risk of harm to Australian community – Where Minister took into account respondent’s offending as a

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 (14 June 2023) (Gageler, Gordon, Edelman, Steward and Jagot JJ) Read More »

ENT19 v Minister for Home Affairs [2023] HCA 18 (14 June 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Immigration – Refugees – Application for protection visa – Power of Minister under s 65 of Migration Act 1958 (Cth) to grant or refuse to grant visa – Where visa criterion in Sch 2, cl 790.227 of Migration Regulations 1994 (Cth) required Minister to be satisfied grant of visa in national interest – Where

ENT19 v Minister for Home Affairs [2023] HCA 18 (14 June 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Hornsby Shire Council v Commonwealth of Australia [2023] HCA 19 (14 June 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Taxation – Where Commonwealth makes grants to States for local government purposes under Local Government (Financial Assistance) Act 1995 (Cth) (“Local Government Assistance Act”) – Where States agreed that local government would make “notional GST” payments notwithstanding prohibition in s 114 of Constitution against Commonwealth imposing tax on State property

Hornsby Shire Council v Commonwealth of Australia [2023] HCA 19 (14 June 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

BDO v The Queen [2023] HCA 16 (17 May 2023) (Kiefel CJ; Gordon, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal Law – Rape – Appeal against conviction – Capacity – Where appellant charged with 15 counts of rape and one count of indecent treatment of child under 16 – Where conceded or reasonable doubt as to whether appellant over 14 years of age for five counts – Where Criminal Code (Qld), s 29(2)

BDO v The Queen [2023] HCA 16 (17 May 2023) (Kiefel CJ; Gordon, Steward, Gleeson and Jagot JJ) Read More »

QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 (17 May 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Courts and judges – Bias – Reasonable apprehension of bias – Where appellant appealed to Full Court of Federal Court of Australia from decision dismissing application for judicial review of non-revocation of decision to cancel his visa on character grounds – Where appellant sought recusal of judge sitting as member of Full Court constituted

QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 (17 May 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

BA v The King [2023] HCA 14 (10 May 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Criminal Law – Appeal – Break and enter and commit serious indictable offence – Where appellant and complainant co‑tenants of apartment under Residential Tenancies Act 2010 (NSW) (“RT Act”) – Where appellant had moved out and ceased paying rent – Where appellant, while still a co-tenant, entered apartment by breaking down locked door and

BA v The King [2023] HCA 14 (10 May 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Attorney-General (Cth) v Huynh [2023] HCA 13 (10 May 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in State courts – State laws applicable to offenders convicted of Commonwealth offences – Where s 78(1) of Crimes (Appeal and Review) Act 2001 (NSW) (“CAR Act”) permitted convicted person to apply to Supreme Court of New South Wales for inquiry into conviction

Attorney-General (Cth) v Huynh [2023] HCA 13 (10 May 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Hood v Down Under Enterprises International Pty Limited [2023] HCA 12 (20 April 2023) (Gageler and Steward JJ)

Catchwords: Practice and procedure – Costs – Offers of compromise – Calderbank letter – Application to amend orders – Where applications for special leave determined, and orders for costs made in favour of respondents – Whether applicant’s failure to engage with respondents’ Calderbank offer unreasonable – Whether Calderbank offer was open for acceptance when application

Hood v Down Under Enterprises International Pty Limited [2023] HCA 12 (20 April 2023) (Gageler and Steward JJ) Read More »

Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l [2023] HCA 11 (12 April 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Public international law – Foreign State immunity – Immunity from jurisdiction – Proceedings for recognition and enforcement of arbitral award – Where respondents obtained arbitral award under Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (“ICSID Convention”) – Where respondents sought to enforce award in Australia under

Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l [2023] HCA 11 (12 April 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10 (12 April 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Executive power of the Commonwealth – Where s 351 of Migration Act 1958 (Cth) permitted Minister to personally exercise power to substitute more favourable decision for decision of tribunal – Where requests made for Minister to exercise power under s 351 – Where Minister issued instructions to departmental officers in

Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10 (12 April 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Parry v Secretary, Department of Health [2023] HCA 9 (16 March 2023) (GAGELER J)

Catchwords: Practice – High Court – Remitter – Judiciary Act 1903 (Cth), s 44 – Whether matter arising under Therapeutic Goods Act 1989 (Cth) should be remitted to Federal Court of Australia – Whether matter suitable to be heard in original jurisdiction of High Court of Australia – Where significant case management and fact finding

Parry v Secretary, Department of Health [2023] HCA 9 (16 March 2023) (GAGELER J) Read More »

Barnett v Secretary, Department of Communities and Justice [2023] HCA 7 (15 March 2023) (KIEFEL CJ, GAGELER, GORDON, GLEESON AND JAGOT JJ)

Catchwords: Family law – Children – International child abduction – Where child removed from Ireland to Australia by appellant mother without consent of father – Where father granted declaration of guardianship in Ireland – Where respondent sought orders in Australia for return of child to Ireland under Family Law (Child Abduction Convention) Regulations 1986 (Cth)

Barnett v Secretary, Department of Communities and Justice [2023] HCA 7 (15 March 2023) (KIEFEL CJ, GAGELER, GORDON, GLEESON AND JAGOT JJ) Read More »

Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 (15 March 2023) (KIEFEL CJ, GAGELER, GORDON, EDELMAN AND GLEESON JJ)

Catchwords: Intellectual property – Trade marks – Trade Marks Act 1995 (Cth) (“Act”) – Trade mark infringement under s 120(1) of Act – Where BOTOX registered as defensive trade mark – Whether “instant Botox® alternative” used as trade mark – Whether “instant Botox® alternative” and PROTOX deceptively similar to defensive trade mark – Whether reputation

Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 (15 March 2023) (KIEFEL CJ, GAGELER, GORDON, EDELMAN AND GLEESON JJ) Read More »

Mitchell v The King [2023] HCA 5 (08 March 2023) (KIEFEL CJ; GAGELER, GORDON, EDELMAN, STEWARD, GLEESON and JAGOT JJ)

Catchwords: Criminal law – Murder – Appeal against conviction – Extended joint criminal enterprise – Murder and constructive murder provided for by ss 11 and 12A of Criminal Law Consolidation Act 1935 (SA), respectively – Where appellants agreed to commit indictable offence of criminal trespass – Where during commission of offence one or more parties

Mitchell v The King [2023] HCA 5 (08 March 2023) (KIEFEL CJ; GAGELER, GORDON, EDELMAN, STEWARD, GLEESON and JAGOT JJ) Read More »

Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited [2023] HCA 6 (08 March 2023) (KIEFEL CJ; GAGELER, GORDON, GLEESON and JAGOT JJ)

Catchwords: Contract – Construction – Where clause in contract for sale and purchase of property and assets of hotel business obliged vendor from contract date until completion to carry on business in “usual and ordinary course as regards its nature, scope and manner” – Where hotel business operated pursuant to licence and gaming machine entitlements

Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited [2023] HCA 6 (08 March 2023) (KIEFEL CJ; GAGELER, GORDON, GLEESON and JAGOT JJ) Read More »

Unions NSW v New South Wales [2023] HCA 4 (15 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Constitutional law (Cth) – Implied freedom of communication on governmental and political matters – Where s 29(11) of the Electoral Funding Act 2018 (NSW) (“EF Act”) capped electoral expenditure by third-party campaigners in “capped State expenditure period” before State by-election for Legislative Assembly – Where third-party campaigners subject to lower cap than candidates –

Unions NSW v New South Wales [2023] HCA 4 (15 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 (15 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Administrative law – Judicial review – Jurisdictional error – Sentencing powers of inferior court – Where s 7 of Crimes (Sentencing Procedure) Act 1999 (NSW) (“Sentencing Procedure Act”) empowered sentencing court to make intensive correction order (“ICO”) directing that a sentence of imprisonment be served by way of intensive correction in community – Where

Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 (15 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Metal Manufactures Pty Limited v Morton [2023] HCA 1 (08 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ)

Catchwords: Corporations – Winding up – Insolvency – Set-off – Unfair preferences – Where appellant received payments from company within six-month period prior to winding up – Where liquidator of company sought to recover payments from appellant under s 588FF(1)(a) of Corporations Act 2001 (Cth) (“Act”) as unfair preferences under s 588FA of Act –

Metal Manufactures Pty Limited v Morton [2023] HCA 1 (08 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) Read More »

Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (08 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)

Catchwords: Corporations – Winding up ­– Insolvency – Voidable transactions – Unfair preferences – Construction of s 588FA(3) of Corporations Act 2001 (Cth) – Where appellants liquidators of debtor company – Where respondent entered into agreement to supply services to debtor company for harvesting and hauling timber – Where respondent continued to provide services to

Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (08 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) Read More »

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 (14 December 2022) (Kiefel CJ, Gageler, Edelman, Steward and Gleeson JJ)

Catchwords: Insurance – Contract of insurance – Where insured body corporate knew that apartment buildings had serious non-structural defects which it did not disclose to insurer – Where cyclone caused substantial damage to apartment buildings and exposed defects – Where insurer advised insured that it would provide indemnity despite non‑disclosure – Where extent of indemnity

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 (14 December 2022) (Kiefel CJ, Gageler, Edelman, Steward and Gleeson JJ) Read More »

Realestate.com.au Pty Ltd v Hardingham [2022] HCA 39 (14 December 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ)

Catchwords: Contract – Informal agreements – Implied term – Inferred term – Copyright – Where real estate agencies informally commissioned professional photographer and his company to take photographs and prepare floor plans of properties for use on platforms concerning marketing of properties for sale or lease – Where photographs and floor plans provided to each

Realestate.com.au Pty Ltd v Hardingham [2022] HCA 39 (14 December 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) Read More »

Electricity Networks Corporation v Herridge Parties [2022] HCA 37 (07 December 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ)

Catchwords: Negligence – Duty of care – Where appellant statutory corporation (“Western Power”) undertook, operated, managed and maintained electricity distribution system under interconnected statutory framework – Where distribution system delivered electricity to consumers’ premises – Where pursuant to statutory powers in performing statutory functions Western Power attached electrical cable and other apparatus to point of

Electricity Networks Corporation v Herridge Parties [2022] HCA 37 (07 December 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) Read More »

Awad v The Queen [2022] HCA 36 (09 November 2022) (Kiefel CJ, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Criminal Practice – Appeal – Error or irregularity in trial – Directions to jury – Where credibility of one accused giving evidence central to both trials – Where trial judge directed jury that innocent person can do nothing more than give evidence – Where trial judge directed jury that guilty person may give evidence

Awad v The Queen [2022] HCA 36 (09 November 2022) (Kiefel CJ, Gordon, Edelman, Steward and Gleeson JJ) Read More »

TL v The King [2022] HCA 35 (19 October 2022) (Kiefel CJ, Gageler, Gordon, Steward and Gleeson JJ)

Catchwords: Evidence – Criminal trial – Admissibility – Tendency evidence – Evidence Act 1995 (NSW), s 97(1)(b) – Where tendency evidence adduced to prove identity of offender – Where narrow class of possible perpetrators – Where other evidence identifying appellant as offender and tending to exclude other possible perpetrators – Whether Court of Criminal Appeal

TL v The King [2022] HCA 35 (19 October 2022) (Kiefel CJ, Gageler, Gordon, Steward and Gleeson JJ) Read More »

Bosanac v Commissioner of Taxation [2022] HCA 34 (12 October 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ)

Catchwords: Trusts – Resulting trust – Presumption of resulting trust – Presumption of advancement – Where wife purchased property – Where purchase price paid from joint loans taken in names of wife and husband – Where security for joint loans from separately owned properties – Where title registered in name of wife only – Where

Bosanac v Commissioner of Taxation [2022] HCA 34 (12 October 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) Read More »

BHP Group Limited v Impiombato [2022] HCA 33 (12 October 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ)

Catchwords: Statutes – Interpretation – Territorial operation – Presumption against extraterritoriality – Acts Interpretation Act 1901 (Cth), s 21(1)(b) – Where Pt IVA of the Federal Court of Australia Act 1976 (Cth) permitted a person to commence a representative proceeding in the Federal Court of Australia on behalf of other persons (“group members”) where certain

BHP Group Limited v Impiombato [2022] HCA 33 (12 October 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) Read More »

SDCV v Director-General of Security [2022] HCA 32 (12 October 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Where adverse security assessment of appellant, accompanied by statement of grounds, certified by Director‑General of Security on behalf of Australian Security Intelligence Organisation (“ASA decision”) – Where appellant’s visa cancelled on character grounds in consequence of ASA decision – Where appellant applied to Administrative Appeals

SDCV v Director-General of Security [2022] HCA 32 (12 October 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Stephens v The Queen [2022] HCA 31 (07 September 2022) (Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Criminal law – Sexual offences against child – Presumption against retrospective operation – Where appellant pleaded not guilty on 29 November 2018 to sexual offences against complainant – Where Crown was uncertain whether alleged conduct occurred when s 81 of Crimes Act 1900 (NSW) in force, or when s 81 repealed but s 78K

Stephens v The Queen [2022] HCA 31 (07 September 2022) (Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Garlett v Western Australia [2022] HCA 30 (07 September 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in State courts – Institutional integrity of State courts – Where High Risk Serious Offenders Act 2020 (WA) (“Act”) required State court to make restriction order in relation to serious offender if satisfied that order necessary to ensure adequate protection of community against

Garlett v Western Australia [2022] HCA 30 (07 September 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman and Steward JJ)

Catchwords: Patents – Invention – Manner of manufacture – Where appellant manufactured electronic gaming machines (“EGMs”) – Where appellant owned four innovation patents concerning various embodiments of EGM – Where specification described claimed invention as combination of player interface, being physical features of EGM, and game controller, being computerised components interacting with player interface to

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman and Steward JJ) Read More »

Tu’uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Immigration – Visas – Review of cancellation decision – Application for extension of time – Where then Minister for Home Affairs cancelled plaintiff’s visa pursuant to s 501(3)(b) of Migration Act 1958 (Cth) – Where plaintiff applied pursuant to s 477A(2) for extension of time to file application for review of Minister’s decision –

Tu’uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Nathanson v Minister for Home Affairs [2022] HCA 26 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman and Gleeson JJ)

Catchwords: Administrative law – Judicial review – Jurisdictional error – Requirement that error must be material – When error will be material – Where appellant’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where delegate of Minister for Home Affairs decided not to revoke cancellation – Where appellant sought review of non-revocation

Nathanson v Minister for Home Affairs [2022] HCA 26 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman and Gleeson JJ) Read More »

Google LLC v Defteros [2022] HCA 27 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Defamation – Publication – Where appellant operated internet search engine – Where search engine produced search results to users in response to user-designed search queries through use of computer programs and algorithms – Where each search result relevantly comprised title of webpage, snippet of content, and hyperlink to another webpage on World Wide Web

Google LLC v Defteros [2022] HCA 27 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Dansie v The Queen [2022] HCA 25 (10 August 2022) (Gageler, Keane, Gordon, Steward and Gleeson JJ)

Catchwords: Criminal practice – Appeal – Where appellant tried and convicted of murder of wife by judge alone in Supreme Court of South Australia – Where appellant appealed conviction on ground that verdict unreasonable or could not be supported having regard to whole of evidence – Whether Full Court of Supreme Court of South Australia

Dansie v The Queen [2022] HCA 25 (10 August 2022) (Gageler, Keane, Gordon, Steward and Gleeson JJ) Read More »

O’Dea v Western Australia [2022] HCA 24 (10 August 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ)

Catchwords: Criminal law – Parties to offence – Principal offenders – Where appellant and another charged jointly with offence of unlawfully doing grievous bodily harm with intent under s 294(1)(a) of Criminal Code (WA) – Where prosecution relied on s 7(a) of Criminal Code, which deems “[e]very person who actually does the act … which

O’Dea v Western Australia [2022] HCA 24 (10 August 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) Read More »

Farm Transparency International Ltd v New South Wales [2022] HCA 23 (10 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Constitutional law (Cth) – Implied freedom of communication about governmental or political matters – Where s 8 of Surveillance Devices Act 2007 (NSW) (“SD Act”) relevantly prohibited knowing installation, use or maintenance of optical surveillance device on or within premises to record visually or observe carrying on of activity if installation, use or maintenance

Farm Transparency International Ltd v New South Wales [2022] HCA 23 (10 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Hill v Zuda Pty Ltd [2022] HCA 21 (15 June 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Superannuation – Self managed superannuation fund – Binding death benefit nomination – Where reg 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) prescribed standards for, relevantly, regulated superannuation funds for payment of member’s superannuation benefits to nominated person on or after member’s death – Where trust deed for self managed superannuation fund amended

Hill v Zuda Pty Ltd [2022] HCA 21 (15 June 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Hore v The Queen [2022] HCA 22 (15 June 2022) (Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Criminal law – Sentencing – Indefinite detention – Release on licence – Where s 57 of Sentencing Act 2017 (SA) (“Act”) conferred upon Supreme Court of South Australia discretion to order that persons convicted of certain sexual offences be detained in custody until further order – Where s 59(1a)(a) of Act provided that person

Hore v The Queen [2022] HCA 22 (15 June 2022) (Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Alexander v Minister for Home Affairs [2022] HCA 19 (08 June 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Power to make laws with respect to naturalisation and aliens – Cessation of Australian citizenship – Where s 36B of Australian Citizenship Act 2007 (Cth) provided Minister for Home Affairs may make determination that person ceases to be Australian citizen if satisfied, among other matters,

Alexander v Minister for Home Affairs [2022] HCA 19 (08 June 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Thoms v Commonwealth of Australia [2022] HCA 20 (08 June 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Power to make laws with respect to naturalisation and aliens – Detention of unlawful non‑citizens – Where applicant “unlawful non-citizen” within meaning of s 14(1) of Migration Act 1958 (Cth) – Where applicant detained by officers in purported exercise of s 189(1) of Migration Act

Thoms v Commonwealth of Australia [2022] HCA 20 (08 June 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 (11 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where plaintiff’s visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where plaintiff made representations seeking revocation of cancellation decision under s 501CA(4) – Where representations raised potential breach of Australia’s international non‑refoulement obligations – Where delegate of Minister decided

Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 (11 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Fairbairn v Radecki [2022] HCA 18 (11 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Family law – De facto financial cause – Alteration of property interests – Meaning of “breakdown of de facto relationship” – Where appellant and respondent had been in de facto relationship and resided in appellant’s home – Where appellant and respondent agreed to keep assets strictly separate – Where appellant subsequently suffered rapid cognitive

Fairbairn v Radecki [2022] HCA 18 (11 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 (04 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Constitutional law (Cth) – Chapter III – Where respondent’s complaint made under Anti‑Discrimination Act 1998 (Tas) (“State Act”) was referred to Anti-Discrimination Tribunal (“Tribunal”) – Where appellants in defence asserted provisions in State Act inconsistent with Disability Discrimination Act 1992 (Cth) and Disability (Access to Premises – Buildings) Standards 2010 (Cth) – Where Tribunal

Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 (04 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 (21 April 2022) (Gordon J)

Catchwords: Immigration – Refugees – Application for protection visa – Where plaintiff invited to attend protection visa interview in Melbourne – Where delegate of Minister sent plaintiff letters under ss 56 and 57 of Migration Act 1958 (Cth) requesting further information and inviting plaintiff to comment on information – Where plaintiff lived in Sydney, suffered

Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 (21 April 2022) (Gordon J) Read More »

Hoang v The Queen [2022] HCA 14 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ)

Catchwords: Criminal practice – Jury trial – Where s 53A(1)(c) of Jury Act 1977 (NSW) provided for mandatory discharge of juror where juror engaged in misconduct in relation to trial – Where misconduct included conduct constituting offence against Jury Act – Where offence against s 68C(1) of Jury Act for juror to make inquiry for

Hoang v The Queen [2022] HCA 14 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Kozarov v Victoria [2022] HCA 12 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Negligence – Causation – Workplace injury – Psychiatric injury – Where appellant employed in Specialist Sexual Offences Unit of Victorian Office of Public Prosecutions (“OPP”) – Where appellant found to have suffered psychiatric injury resulting from vicarious trauma suffered in employment – Whether respondent failed to take reasonable measures in response to evident signs

Kozarov v Victoria [2022] HCA 12 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)

Catchwords: Industrial law (Cth) – Pecuniary penalties – Determination of appropriate penalty – Where s 349(1) of Fair Work Act 2009 (Cth) (“Act”) relevantly provided that person must not knowingly or recklessly make false or misleading representation about another person’s obligation to engage in industrial activity – Where s 546 of Act empowered Federal Court

Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »