HCA

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

Catchwords: Income Tax (Cth) – Trusts – Where s 97(1) of Income Tax Assessment Act 1936 (Cth) provides that where beneficiary of trust estate not under any legal disability is presently entitled to share of income of trust estate, assessable income of beneficiary shall include so much of that share of net income of trust …

Commissioner of Taxation v Carter [2022] HCA 10 (06 April 2022) (Gageler, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Tort – Negligence – Breach of duty of care – Causation – Obvious risk of dangerous recreational activity – Where appellant competing in campdraft competition – Where campdrafting a dangerous recreational activity – Where appellant’s horse slipped and fell causing serious injury to appellant – Where four other contestants had falls prior to appellant’s …

Tapp v Australian Bushmen’s Campdraft and Rodeo Association Limited [2022] HCA 11 (06 April 2022) (Kiefel CJ, Keane, Gordon, Edelman and Gleeson JJ) Read More »

Catchwords: Constitutional Law (Cth) – Parliament – Elections – Senate and House of Representatives – Senators and members of House of Representatives to be “directly chosen by the people” – Where amendments to Commonwealth Electoral Act 1918 (Cth) (“2021 Amendments”) constrained political party applying for registration from using name, abbreviation or logo which had word …

Ruddick v Commonwealth of Australia [2022] HCA 9 (25 March 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Industrial law (NSW) – Jurisdiction – Unfair dismissal – Industrial Relations Commission of New South Wales (“IR Commission”) – Where first respondent had been retired as non‑executive police officer by NSW Commissioner of Police (“Police Commissioner”) under s 72A of Police Act 1990 (NSW) on medical grounds – Where dismissal claimed by first respondent …

NSW Commissioner of Police v Cottle [2022] HCA 7 (16 March 2022) (Kiefel CJ, Gageler, Keane, Gordon and Steward JJ) Read More »

Catchwords: Equity – Unconscionable conduct – Where respondents engaged in business of asset‑based lending – Where system of lending involved law firm, acting through intermediary, facilitating secured loans by respondents – Where law firm acted as agent of respondents – Where respondents’ agent never dealt directly with appellant – Where appellant unemployed with no regular …

Stubbings v Jams 2 Pty Ltd [2022] HCA 6 (16 March 2022) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ) Read More »

Catchwords: Aviation – Aircraft leasing – Where first appellant leased aircraft engines to lessee company – Where administrators appointed to lessee company – Where lease agreements specified obligations for redelivery of aircraft engines – Where Protocol to Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (“Protocol”) required administrators to “give …

Wells Fargo Trust Company, National Association (as owner trustee) v VB Leaseco Pty Ltd (administrators appointed) [2022] HCA 8 (16 March 2022) (Kiefel CJ, Gageler, Keane, Edelman and Steward JJ) Read More »

Catchwords: Contract – Construction – Where clause in settlement agreement entered into between appellants and respondent prior to expiry of original term of patent granted respondent non-exclusive licence to exploit patent – Where clause in settlement agreement did not specify end date of non-exclusive licence – Whether non-exclusive licence applied to acts during extended term …

H. Lundbeck A/S v Sandoz Pty Ltd [2022] HCA 4 (09 March 2022) (Kiefel CJ, Gageler, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Constitutional Law (Cth) – Judicial power of Commonwealth – Meaning of “matter” – Where Commonwealth entered leases (“Leases”) with operators of Hobart Airport and Launceston Airport (“Lessees”) for Hobart Airport site and Launceston Airport site (“Airports”) – Where Clarence City Council and Northern Midlands Council (“Councils”) administer municipal area covering Airports – Where Airports …

Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5 (09 March 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Companies – Winding up – Mandatory examination of persons about examinable affairs of corporation – Application to set aside summons for examination – Purposes for which an officer or provisional liquidator may be summoned for examination about corporation’s examinable affairs pursuant to s 596A of Corporations Act 2001 (Cth) – Where appellants were shareholders …

Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 (16 February 2022) (Kiefel CJ, Gageler, Keane, Edelman and Steward JJ) Read More »

Catchwords: Industrial law (Cth) – Nature of employment relationship – Employee or independent contractor – Where respondents previously employed by company as truck drivers – Where respondents agreed to “become contractors” and purchase own trucks – Where each respondent set up partnership with spouse – Where partnerships executed contract with company for provision of delivery …

ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (09 February 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Industrial law (Cth) – Nature of employment relationship – Employee or independent contractor – Where second appellant backpacker with limited work experience sought construction work from respondent – Where respondent in business of labour‑hire – Where respondent and second appellant entered written contract describing second appellant as “self‑employed contractor” – Where respondent assigned second …

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (09 February 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Criminal practice – Appeal – Miscarriage of justice – Application of proviso that no substantial miscarriage of justice actually occurred – Where appellant convicted of unlawfully and indecently dealing with child under age of 16 years and rape – Where evidence admitted by consent that both appellant and complainant tested positive for herpes simplex …

Orreal v The Queen [2021] HCA 44 (16 December 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ) Read More »

Catchwords: Criminal law – Defences – Honest and reasonable mistake of fact – Where appellant charged with supplying controlled drug to child contrary to s 14 of Misuse of Drugs Act 2001 (Tas) – Where appellant claimed he honestly and reasonably believed child was adult – Where appellant’s conduct, had his belief been true, would …

Bell v Tasmania [2021] HCA 42 (08 December 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Practice and procedure – Freezing orders – Power of Federal Court of Australia to make worldwide freezing order conferred by r 7.32 of Federal Court Rules 2011 (Cth) – Where appellant commenced proceedings against respondent in Federal Court – Where appellant applied to Federal Court for worldwide freezing order – Where assets located in …

Deputy Commissioner of Taxation v Huang [2021] HCA 43 (08 December 2021) (Gageler, Keane, Gordon, Edelman and Gleeson JJ) Read More »

Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where respondent’s temporary visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where representations included bare assertions about conditions in American Samoa – Where Minister decided there …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 (08 December 2021) (Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Damages – Torts – Negligence – Damage to chattels – Consequential loss – Physical inconvenience and loss of amenity of use – Where respondents owned prestige vehicles – Where prestige vehicles negligently damaged and unavailable during periods of repair – Where appellants liable for costs of repairing vehicles – Where respondents deprived of use …

Arsalan v Rixon [2021] HCA 40 (08 December 2021) (Kiefel CJ, Gageler, Keane, Edelman and Steward JJ) Read More »

Catchwords: Trade practices – Competition – Access to services – Where declared service under Pt IIIA of Competition and Consumer Act 2010 (Cth) (“Act”) for provision of right to access and use certain infrastructure at Port of Newcastle (“Port”) – Where operator of Port fixed navigation service charge and wharfage charge under Ports and Maritime …

Port of Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd [2021] HCA 39 (08 December 2021) (Kiefel CJ, Gageler, Gordon, Steward and Gleeson JJ) Read More »

Catchwords: Criminal practice – Appeal – Miscarriage of justice – Application of proviso that no substantial miscarriage of justice actually occurred – Where appellant convicted of sexual offences against two complainants – Where appellant’s evidence contradicted complainants’ testimonies – Where rule in Browne v Dunn not observed by defence counsel – Where prosecutor cross-examined appellant …

Hofer v The Queen [2021] HCA 36 (10 November 2021) (Kiefel CJ, Gageler, Keane, Gordon and Gleeson JJ) Read More »

Catchwords: Criminal law – Sentence – Plea of guilty – Where appellant sentenced in District Court of New South Wales for multiple offences including taking a conveyance without consent of owner contrary to s 154A(1)(a) of Crimes Act 1900 (NSW) (“offence”) – Where maximum penalty for offence five years’ imprisonment – Where offence dealt with …

Park v The Queen [2021] HCA 37 (10 November 2021) (Kiefel CJ, Gageler, Keane, Edelman and Gleeson JJ) Read More »

Catchwords: Criminal law – Defences – Where respondent member of Northern Territory Police Force – Where respondent alleged to have fatally shot deceased after being deployed to arrest – Where respondent charged with murder and alternative offences under Criminal Code (NT) – Where s 148B of Police Administration Act 1978 (NT) (“Act”) provides person “not …

The Queen v Rolfe [2021] HCA 38 (10 November 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Criminal practice – Trial – Directions to jury – Where appellant charged with ten counts of aggravated indecent assault against three of his children – Where appellant did not seek that counts be tried separately – Where appellant alleged complainants’ evidence was inconsistent and had been concocted – Where appellant did not seek anti‑tendency …

Hamilton (a pseudonym) v The Queen [2021] HCA 33 (03 November 2021) (Kiefel CJ, Keane, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Local government – Town planning – Development approvals – Where second appellant purchased undeveloped parcel of land in 2015 – Where preliminary approval granted in 2007 for development project pursuant to Integrated Planning Act 1997 (Qld) – Where preliminary approval contained “conditions” regarding payment of infrastructure contributions by developers to respondent Council – Where …

Sunland Group Limited v Gold Coast City Council [2021] HCA 35 (10 November 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ) Read More »

Catchwords: Defamation – Publication – Where appellants were media companies – Where each appellant created, operated and maintained public Facebook page – Where each appellant created posts on Facebook page hyperlinking to news stories referring to respondent – Where third-party Facebook users left “comments” on appellants’ posts – Where comments alleged to be defamatory of …

Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 (08 September 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Defamation – Publication – Where appellants were media companies – Where each appellant created, operated and maintained public Facebook page – Where each appellant created posts on Facebook page hyperlinking to news stories referring to respondent – Where third-party Facebook users left “comments” on appellants’ posts – Where comments alleged to be defamatory of …

Fairfax Media Publications Pty Ltd v Voller; Nationwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller [2021] HCA 27 (08 September 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: CATCHWORDS Director of Public Prosecutions Reference No 1 of 2019 Criminal law – Recklessness – Where s 17 of Crimes Act 1958 (Vic) provides that person who, without lawful excuse, recklessly causes serious injury is guilty of indictable offence – Where Court of Appeal of Supreme Court of Victoria in R v Campbell [1997] …

Director of Public Prosecutions Reference No 1 of 2019 [2021] HCA 26 (01 September 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Naturalisation and aliens – Deportation – Where appellant entered Australia before commencement of Nationality and Citizenship Act 1948 (Cth) – Where appellant born in Malta and entered Australia as British subject – Where appellant became citizen of United Kingdom and Colonies in 1949 and citizen …

Chetcuti v Commonwealth of Australia [2021] HCA 25 (12 August 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Administrative law – Migration – Application for Safe Haven Enterprise Visa (“visa”) – Where first delegate of Minister held delegation to make decision under s 65 but not s 501 of Migration Act 1958 (Cth) to consider plaintiff’s application for visa – Where referral process required first delegate to refer plaintiff’s application to “Visa …

KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 24 (04 August 2021) (Edelman J) Read More »

Catchwords: Evidence – Privilege against self-incrimination – Where appellant obtained ex parte orders freezing worldwide assets of respondent – Where disclosure orders made in connection with freezing orders required disclosure of worldwide assets – Where respondent objected to disclosure of certain information on basis that it may tend to self-incriminate – Where respondent prepared privilege …

Deputy Commissioner of Taxation v Shi [2021] HCA 22 (04 August 2021) (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) Read More »

Catchwords: Industrial law (Cth) – Contract of employment – Nature of casual employment – Where first respondent employed by appellant labour-hire company under series of six employment contracts or “assignments” – Where first respondent treated as casual employee – Where first respondent not paid entitlements owed by employers to non‑casual employees – Where first respondent …

WorkPac Pty Ltd v Rossato [2021] HCA 23 (04 August 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Constitutional law (Cth) – Immigration – Tort – False imprisonment – Where respondent “unlawful non-citizen” detained by Executive under ss 189(1) and 196(1) of Migration Act 1958 (Cth) – Whether period of executive detention authorised and required by ss 189(1) and 196(1) ceases when removal of “unlawful non-citizen” from Australia should have occurred had …

Commonwealth of Australia v Ajl20 [2021] HCA 21 (23 June 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Limitation of actions – Exclusion by agreement – Where mortgages over land secured loan – Where mortgagors failed to repay loan – Where mortgagees brought proceedings to recover monies owing and possession of land secured by mortgages – Where mortgagors contended mortgagees statute-barred from enforcing rights under mortgages as a result of expiry of …

Price v Spoor [2021] HCA 20 (23 June 2021) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) Read More »

Catchwords: Constitutional law (Cth) – Implied freedom of communication about governmental or political matters (“implied freedom”) – Where Foreign Influence Transparency Scheme Act 2018 (Cth) (“Act”) included registration requirement for persons undertaking communications activity on behalf of foreign principal for purpose of political or governmental influence – Where foreign principal defined to include foreign political …

LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 (16 June 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Immigration – Visas – Application for special category visa – Where respondent’s special category visa purportedly cancelled and respondent required to depart Australia in 2018 – Where purported cancellation decision subsequently quashed – Where respondent returned to Australia and refused a special category visa on the basis she was a “behaviour concern non-citizen” as …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft [2021] HCA 19 (16 June 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ) Read More »

Catchwords: Immigration – Refugees – Application for protection visa – Where appellant applied to Refugee Review Tribunal (“Tribunal”) for review of first respondent’s decision to refuse protection visa under Migration Act 1958 (Cth) (“Act”) – Where s 438 notification issued under Act in relation to material including appellant’s criminal record – Where Tribunal did not …

MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 (19 May 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Police – Search warrants – Validity of warrants – Validity of orders – Where officers of Australian Federal Police (“AFP”) searched premises in reliance on warrants – Where officers of AFP seized material they believed relevant to offences against s 92.3(1) and (2) of Criminal Code (Cth) – Where officers examined and copied data …

Zhang v Commissioner of Police [2021] HCA 16 (12 May 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Tort – Unlawful means conspiracy – Loss or damage – Loss of chance – Loss of value of rights or chose in action – Damages – Where conspiracy by unlawful means undertaken to deprive first to fifth respondents (“Respondents”) of value of chose in action arising from judgment in their favour – Where conspiracy …

Talacko v Talacko [2021] HCA 15 (12 May 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Immigration – Refugees – Application for protection visa – Where plaintiff claimed protection on basis of feared persecution in Pakistan on account of homosexuality – Where delegate of defendant refused protection visa – Where delegate found evidence, including “open source social media”, did not support view plaintiff was known homosexual in Pakistan – Where …

Plaintiff M7/2021 v Minister for Home Affairs [2021] HCA 14 (15 April 2021) (Gordon J) Read More »

Catchwords: Criminal law (Cth) – Conspiracy – Where s 11.5(1) of Criminal Code (Cth) established offence of conspiracy – Where appellant charged with conspiring to do acts in preparation for terrorist act contrary to ss 11.5(1) and 101.6(1) of Criminal Code – Whether s 11.5 applies to spouses who agree between themselves, and no other …

Namoa v The Queen [2021] HCA 13 (14 April 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) Read More »

Catchwords: Immigration – Refugees – Application for protection visa – Where appellants each applied for protection visas – Where each appellant interviewed by delegate of Minister – Where each appellant assisted by interpreter in interview – Where interviews affected by translation errors in questions asked and responses given – Where Immigration Assessment Authority (“Authority”) conducted …

DVO16 v Minister for Immigration and Border Protection [2021] HCA 12 (14 April 2021) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) Read More »

Catchwords: Courts – Abuse of process – Where Fair Work Commission approved enterprise agreement – Where approval of enterprise agreement supported by union – Where first respondent was longstanding member of union – Where first respondent brought proceedings seeking to quash approval of enterprise agreement – Where appellant sought summary dismissal of proceedings on basis …

Victoria International Container Terminal Limited v Lunt [2021] HCA 11 (07 April 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Immigration – Visas – Application for protection visa – Where s 36(2) of Migration Act 1958 (Cth) provides two criteria for grant of protection visa – Where s 36(2)(a) provides refugee criterion – Where s 36(2)(aa) provides complementary protection criterion – Where Court in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) …

DQU16 v Minister for Home Affairs [2021] HCA 10 (07 April 2021) (Kiefel CJ, Keane, Gordon, Edelman and Steward JJ) Read More »

Catchwords: Practice and procedure – Representative action – Stay – Where five open class representative actions commenced against same defendant in relation to same controversy – Where considerable overlap between claims made in proceedings – Where representative plaintiff in four proceedings filed notice of motion in Supreme Court of New South Wales seeking orders that …

Wigmans v AMP Limited [2021] HCA 7 (10 March 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Taxation – Administration – Goods and services tax – Taxable supply – Running Balance Accounts (“RBA”) – Commissioner’s obligation to pay interest – Where Commissioner lacked statutory authority to amend taxpayer’s GST return – Where net amount in GST return calculated in error – Where Commissioner purported to amend taxpayer’s GST return and credited …

Federal Commissioner of Taxation v Travelex Limited [2021] HCA 8 (10 March 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Immigration – Cancellation of protection visa – Notice of cancellation – Where delegate of Minister cancelled respondent’s visa under s 501(3A) of Migration Act 1958 (Cth) – Where pursuant to duties in s 501CA(3) letter from delegate and enclosures sent explaining decision to cancel respondent’s visa and opportunity to make representations about revoking decision …

Minister for Immigration and Border Protection v EFX17 [2021] HCA 9 (10 March 2021) (Kiefel CJ, Gageler, Keane, Edelman and Steward JJ) Read More »

Catchwords: Immigration – Visas – Application for protection visa – Procedural fairness – Where delegate of Minister rejected first respondent’s application for protection visa – Where Administrative Appeals Tribunal affirmed delegate’s decision – Where first respondent sought judicial review of that decision in Federal Circuit Court – Where first respondent unrepresented before Circuit Court and …

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 (04 March 2021) (Kiefel CJ, Keane, Gordon, Edelman and Steward JJ) Read More »

Catchwords: Constitutional law (Cth) – Freedom of interstate trade, commerce, and intercourse – Where s 56 of Emergency Management Act 2005 (WA) (“EM Act”) empowered Minister to declare state of emergency – Where s 67 empowered authorised officer to direct or prohibit movement of persons into emergency area – Where Minister for Emergency Services declared …

Palmer v Western Australia [2021] HCA 5 (24 February 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in State courts – Where Div 105A of Criminal Code (Cth) empowered Supreme Court of State or Territory, on application of Minister for Home Affairs, to order that person convicted of terrorist offence be detained in prison for further period after expiration of …

Minister for Home Affairs v Benbrika [2021] HCA 4 (10 February 2021) (Kiefel CJ, Bell, Gageler, Keane, Gordon, Edelman and Steward JJ) Read More »

Catchwords: Corporations – Financial services – Where appellants had contacted members of superannuation funds of which they are trustees, advising each to accept offer to roll over their external superannuation accounts into their account with appellants – Where s 766B(3)(b) of Corporations Act 2001 (Cth) defines “personal advice” to include “financial product advice” given or …

Westpac Securities Administration Ltd v Australian Securities and Investments Commission [2021] HCA 3 (03 February 2021) (Kiefel CJ, Bell, Gageler, Keane and Gordon JJ) Read More »

Catchwords: Immigration – Visas – Visa cancellation – Character test – Substantial criminal record – Where delegate of Minister for Immigration and Border Protection (“Minister”) cancelled respondent’s visa on character grounds under s 501(2) of Migration Act 1958 (Cth) – Where Administrative Appeals Tribunal (“AAT”) made decision under s 43(1)(c)(i) of Administrative Appeals Tribunal Act …

Minister for Immigration and Border Protection v Makasa [2021] HCA 1 (03 February 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Administrative law – Apprehended bias – Relief – Jurisdiction of inferior courts – Where first respondent applied for additional mining leases and amendment to existing environmental authority (“applications”) – Where appellant and others lodged objections to applications – Where first decision of Land Court of Queensland (“Land Court”) recommended that both applications be rejected …

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2021] HCA 2 (03 February 2021) (Kiefel CJ, Bell, Gageler, Keane and Edelman JJ) Read More »

Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority (“Authority”) – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where applicants engaged registered migration agent to provide submissions to Authority – Where agent fraudulently provided pro forma submissions – Where fraudulent submissions contained personal information relevant to …

Minister for Home Affairs v DUA16 [2020] HCA 46 (09 December 2020) (Kiefel CJ, Bell, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Evidence – Admissibility – Trespass – Where appellant charged with breach of Domestic Violence Order (“DVO”) – Where DVO included condition that appellant not remain in her partner’s presence while intoxicated – Where police attended unit occupied by appellant and her partner for purpose of DVO check – Where police engaged in wider proactive …

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Catchwords: Constitutional law (Cth) – Implications from Constitution – Where directions made under s 200(1)(b) and (d) of Public Health and Wellbeing Act 2008 (Vic) restricted movement of persons within Victoria – Where plaintiffs sought declarations that directions and s 200(1)(b) and (d) of Public Health and Wellbeing Act were invalid as an infringement of …

Gerner v Victoria [2020] HCA 48 (10 December 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Criminal law – Defences – Provocation – Where appellant killed his wife in circumstances that left it open to find he was angered by belief she had been unfaithful and planned to leave him – Where appellant pleaded not guilty to murder on basis that killing resulted from loss of self-control caused by provocation …

Peniamina v The Queen [2020] HCA 47 (09 December 2020) (Bell, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Family law – Foreign divorce – Property settlements – Spousal maintenance – Res judicata – Where appellant wife and respondent husband married in Dubai in 2007 and lived partly in Australia and partly in United Arab Emirates – Where wife and husband separated in 2013 with wife and child remaining in Australia – Where …

Clayton v Bant [2020] HCA 44 (02 December 2020) (Kiefel CJ, Bell, Gageler, Gordon and Edelman JJ) Read More »

Catchwords: Immigration – Regional processing – Statutory bar on legal proceedings – Where s 494AB(1) of Migration Act 1958 (Cth) provided that certain “proceedings against the Commonwealth may not be instituted or continued in any court” – Where those proceedings, listed in s 494AB(1)(a)-(d), were all “proceedings relating to” a particular subject matter – Where …

Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 [2020] HCA 43 (02 December 2020) (Kiefel CJ, Bell, Gageler, Keane and Gordon JJ) Read More »

Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Naturalisation and aliens – Deportation – Where plaintiff entered Australia in 1948, before commencement of Nationality and Citizenship Act 1948 (Cth) – Where plaintiff born in Malta and entered Australia as a British subject – Where plaintiff became citizen of United Kingdom and Colonies in …

Chetcuti v Commonwealth of Australia [2020] HCA 42 (26 November 2020) (Nettle J) Read More »

Catchwords: Patents – Infringement – Where printer ink cartridges embodied inventions claimed in two patents – Where used cartridges acquired by third party and modified for re-use – Where modified cartridges imported into Australia for sale to public – Where patentee alleged infringement of patent rights – Where s 13(1) of Patents Act 1990 (Cth) …

Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (12 November 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Real property – Torrens system – Where appellants registered proprietors of land – Where appellants obtained planning approval to subdivide land and build two townhouses – Where present certificate of title for land referred to memorandum of encumbrance which prohibited erection of any buildings other than “a dwellinghouse” and prohibited “multiple dwellings” – Where …

Deguisa v Lynn [2020] HCA 39 (04 November 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Criminal practice – Trial – Directions to jury – Where appellant charged in seven counts with sexual offences allegedly committed against complainant half-sister when she was 13 and 14 years old – Where prosecution case wholly dependent on acceptance of complainant’s evidence – Where appellant did not give or call evidence at trial – …

GBF v The Queen [2020] HCA 40 (04 November 2020) (Kiefel CJ, Bell, Keane, Gordon and Edelman JJ) Read More »

Catchwords: High Court – Appellate jurisdiction – Application for special leave to appeal – Abuse of process – Where applicant applied for special leave to appeal – Where applicant previously made application for special leave to appeal – Where previous application for special leave refused – Where substance of subsequent application for special leave substantially …

Re Golding [2020] HCA 38 (21 October 2020) (Nettle J) Read More »

Catchwords: Family law – Property settlements – Where respondent husband made gift to appellant wife of ten per cent interest in residential dwelling (“the property”) – Where respondent subsequently signed transfer of land giving appellant further 40 per cent interest in the property – Where parties registered as joint tenants then executed deed of gift …

Hsiao v Fazarri [2020] HCA 35 (14 October 2020) (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ) Read More »

Catchwords: Criminal practice – Appeal – Crown appeal against sentence – Where appellant sentenced on pleas of guilty to six offences arising out of course of commercial dealing in cannabis plant material and MDMA – Where prosecution appealed against sentence on ground of manifest inadequacy – Where three-member Bench of Court of Criminal Appeal (“CCA”) …

Cumberland v The Queen [2020] HCA 21 (03 June 2020) (Bell, Gageler and Nettle JJ) Read More »

Catchwords: Tort – Battery – Statutory authorisation – Where CS gas (form of tear gas) used by prison officer in youth detention centre – Where prison officer called to assist at youth detention centre – Where detainees exposed to CS gas claimed damages for battery – Where device used to deploy CS gas prohibited weapon …

Binsaris v Northern Territory [2020] HCA 22 (03 June 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Criminal practice – Appeal – Crown appeal against sentence – Where appellant sentenced on pleas of guilty to six offences arising out of course of commercial dealing in cannabis plant material and MDMA – Where prosecution appealed against sentence on ground of manifest inadequacy – Where three-member Bench of Court of Criminal Appeal (“CCA”) …

Cumberland v The Queen [2020] HCA 21 (03 June 2020) (Bell, Gageler and Nettle JJ) Read More »

Catchwords: Criminal law – Parties to offences – Where group of eight males assaulted victim – Where group included appellants and a youth aged 11 years (“PM”) – Where one member of group stabbed victim causing death – Where appellants charged with murder under Criminal Code (WA) – Where Crown alleged seven males who did …

Pickett v Western Australia [2020] HCA 20 (29 May 2020) (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ) Read More »

Catchwords: Administrative law (Cth) – Judicial review – Archives – Access to records – Where Governor‑General engaged in correspondence with Her Majesty the Queen – Where correspondence described as personal and confidential – Where Official Secretary to Governor‑General kept correspondence and made arrangement to deposit correspondence with predecessor organisation to National Archives of Australia (“Archives”) …

Hocking v Director-General of the National Archives of Australia [2020] HCA 19 (29 May 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Damages – Consumer guarantees – Personal injury – Where appellant booked holiday cruise tour supplied by respondent – Where holiday cruise tour severely disrupted by adverse weather conditions – Where respondent breached consumer guarantees in ss 60 and 61 of Australian Consumer Law (“ACL”) – Where appellant claimed damages for disappointment and distress – …

Moore v Scenic Tours Pty Ltd [2020] HCA 17 (24 April 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: High Court – Original jurisdiction – Applications for constitutional or other writ – Determination without hearing – Abuse of process – Where plaintiff seeks orders inter alia to quash orders of superior court of record dismissing appeal from judgment dismissing application for judicial review of decision of administrative tribunal affirming decision by delegate of …

Bussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] HCA 18 (24 April 2020) (Nettle J) Read More »

Catchwords: Criminal law – Arson and attempted fraud – Appeal against conviction – Where prosecution case based on circumstantial evidence – Where appellant’s house destroyed by explosion and resulting fire – Where appellant present at and seen running away from scene – Where appellant gave version of events to police consistent with innocence – Where …

Coughlan v The Queen [2020] HCA 15 (24 April 2020) (Kiefel CJ, Bell, Gageler, Keane and Edelman JJ) Read More »

Catchwords: Criminal practice – Accusatorial system of criminal justice – Companion rule – Where subpoena issued for employee to attend to give evidence at coronial inquest into manner and cause of another employee’s death – Where employer and Commonwealth of Australia prosecuted for alleged failures to comply with duty to ensure worker health and safety …

Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16 (24 April 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Police – Search warrants – Validity of warrant – Where police searched premises in reliance on warrant – Where police retained material copied from first plaintiff’s mobile phone in reliance on warrant – Where warrant relied upon reasonable grounds for suspecting commission of Commonwealth offence – Where warrant purported to set out offence against …

Smethurst v Commissioner of Police [2020] HCA 14 (15 April 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: High Court – Leave to issue or file proceeding – Removal of proceedings – Where causes said to be pending in Supreme Court of New South Wales said to involve matter “arising under any treaty” within meaning of s 75(i) of Constitution – Where applications for removal of causes into High Court under s …

Re Young [2020] HCA 13 (15 April 2020) (Gageler J) Read More »

Catchwords: Criminal law ? Sexual offences against children ? Appeal against conviction by jury on ground that verdict unreasonable or cannot be supported having regard to whole of evidence ? Where prosecution case wholly dependent upon acceptance of truthfulness and reliability of complainant’s account ? Where jury assessed complainant’s evidence as credible and reliable ? …

Pell v The Queen [2020] HCA 12 (07 April 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Stamp duties – Declaration of trust – Partnership – Dissolution – Partnership assets – Nature of partners’ rights in relation to partnership assets – Where freehold titles to land held by two partners as joint tenants – Where other partners not registered title holders – Where partnerships dissolved but not wound up upon death …

Commissioner of State Revenue v Rojoda Pty Ltd [2020] HCA 7 (18 March 2020) (Bell, Gageler, Keane, Nettle and Edelman JJ) Read More »

Catchwords: Criminal law – Sentence – Irrelevant consideration – Where respondent pleaded guilty to murder contrary to common law and to infanticide and attempted murder contrary to ss 6(1) and 321M of Crimes Act 1958 (Vic) respectively – Where primary judge sentenced respondent to 26 years and six months’ imprisonment with non-parole period of 20 …

The Queen v Guode [2020] HCA 8 (18 March 2020) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Aboriginals – Native title to land and waters – Determinations of – Native title rights and interests – Where s 212(2) of Native Title Act 1993 (Cth) provided that Commonwealth, State or Territory may by legislation confirm existing public access to and enjoyment of beaches and other categories of lands or waters – Where …

Western Australia v Manado [2020] HCA 9 (18 March 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Criminal law – Sentence – Manslaughter – Where appellant pleaded guilty to manslaughter – Where hearing held to determine factual basis upon which appellant to be sentenced – Where acts comprising offence disputed – Where appellant failed to give evidence at sentencing hearing – Whether sentencing judge applied R v Miller [2004] 1 Qd …

Strbak v The Queen [2020] HCA 10 (18 March 2020) (Kiefel CJ, Bell, Keane, Nettle and Edelman JJ) Read More »

Catchwords: Criminal law – Murder – Causation – Where appellant’s assault caused serious injury to victim – Where victim suffered severe deterioration in quality of life as a consequence of assault – Where victim later suffered fractured femur requiring surgery – Where decision made not to undergo possible life-saving surgery – Whether sufficient evidence for …

Swan v The Queen [2020] HCA 11 (18 March 2020) (Bell, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Corporations – Officers – Meaning of “officer” of corporation – Where para (b)(ii) of definition in s 9 of Corporations Act 2001 (Cth) defined “officer” of corporation as person who had capacity to affect significantly corporation’s financial standing – Where MFS Investment Management Pty Ltd (“MFSIM”) responsible entity of registered managed investment scheme, Premium …

Australian Securities And Investments Commission v King [2020] HCA 4 (11 March 2020) (Kiefel CJ, Gageler, Keane, Nettle and Gordon JJ) Read More »

Catchwords: Income tax (Cth) – Assessable income – Controlled foreign companies – Where Pt X of Income Tax Assessment Act 1936 (Cth) (“Act”) attributes income of controlled foreign company (“CFC”) to Australian resident taxpayer who has sufficiently substantial interest in it – Where BHP Billiton Marketing AG (“BMAG”) CFC of BHP Billiton Ltd (“Ltd”) – …

BHP Billiton Limited v Commissioner Of Taxation [2020] HCA 5 (11 March 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) Read More »

Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Power to make laws with respect to naturalisation and aliens – Meaning of “aliens” – Where plaintiffs foreign citizens, born outside Australia, who did not acquire Australian citizenship – Where plaintiffs biological descendants of indigenous peoples – Where plaintiffs’ visas cancelled under s 501(3A) of …

Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3 (11 February 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Evidence – Admissibility – Evidence obtained improperly or in contravention of Australian law – Evidence Act 1995 (NSW), s 138 – Where appellants jointly charged on indictment with acts of serious animal cruelty – Where prosecution proposes to tender video-recordings obtained in contravention of Australian law – Where prosecution proposes to tender search warrant …

Kadir v The Queen; Grech v The Queen [2020] HCA 1 (05 February 2020) (Kiefel CJ, Bell, Keane, Nettle and Edelman JJ) Read More »

Catchwords: Customs and excise – Customs tariff – Tariff classification – Where no duty owed if goods classifiable as medicaments under heading 3004 of Sch 3 to Customs Tariff Act 1995 (Cth) – Where Administrative Appeals Tribunal found vitamin preparations and garcinia preparations classifiable under heading 3004 – Where Comptroller-General of Customs contended vitamin preparations …

Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd [2020] HCA 2 (05 February 2020) (Kiefel CJ, Bell, Gageler, Keane and Gordon JJ) Read More »

Catchwords: Bankruptcy – Bankrupt estate – Where “the property of the bankrupt” vested in trustee in bankruptcy pursuant to s 58 of Bankruptcy Act 1966 (Cth) – Where bankrupt held estate in land under Torrens system on trust – Whether property held by bankrupt on trust capable of vesting in trustee in bankruptcy – Whether …

Boensch v Pascoe [2019] HCA 49 (13 December 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Immigration – Refugees ­– Application for protection visa ­– Where Pt 7AA of Migration Act 1958 (Cth) requires Immigration Assessment Authority (“IAA”) to review certain decisions to refuse applications for protection visas – Where s 473CB(1)(a), (b) and (d) requires Secretary of Department to give certain material to IAA to conduct review ­­– Where …

CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 (13 December 2019) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) Read More »

Catchwords: Criminal practice – Trial – Directions to jury – Liberato v The Queen (1985) 159 CLR 507 (“Liberato”) – Where appellant convicted by jury of rape – Where appellant did not give sworn evidence at trial – Where appellant made exculpatory statements in recorded police interview – Where record of interview admitted into evidence …

De Silva v The Queen [2019] HCA 48 (13 December 2019) (Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ) Read More »

Catchwords: Immigration – Representative proceedings – Where plaintiff brought representative proceeding in High Court for damages for false imprisonment – Where claimed that Group Members purportedly detained under ss 189 and 196 of Migration Act 1958 (Cth) – Where claimed that detention for purpose of receiving, investigating or determining application for visa, or determining whether …

DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of Australia [2019] HCA 47 (06 December 2019) (Nettle J) Read More »

Catchwords: Practice and procedure – Representative action – Orders – Where s 33ZF of Federal Court of Australia Act 1976 (Cth) and s 183 of Civil Procedure Act 2005 (NSW) provide that in representative proceeding court may make any order court thinks appropriate or necessary to ensure justice is done in proceeding – Where representative …

BMW Australia Ltd v Brewster [2019] HCA 45 (04 December 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) Read More »