Recent Cases
High Court of Australia
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 –
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
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
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
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
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
Full Federal Court
Scholes v Commonwealth of Australia [2022] FCAFC 132 (08 August 2022) (Logan, Katzmann and Goodman JJ)
Catchwords: TORTS – tort of false imprisonment – where appellant was kidnapped in Nigeria and released after payment of ransom — where consular assistance provided
HRZN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 133 (09 August 2022) (Yates, Abraham and McElwaine JJ)
Catchwords: MIGRATION – appeal from the decision of the Federal Court of Australia – where the Federal Court dismissed the application for review of the
Kelly v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 130 (08 August 2022) (Katzmann, Rangiah and O’Callaghan JJ)
Catchwords: INDUSTRIAL LAW – application for judicial review of a decision of the Fair Work Commission dismissing applicant’s application under s 94 of the Fair
EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129 (05 August 2022) (Rangiah, Stewart and Cheeseman JJ)
Catchwords: MIGRATION – appeal from a judgment dismissing review of a decision of the Administrative Appeals Tribunal – where appellant seeks to rely on an
Enares Pty Limited v Nimble Money Limited [2022] FCAFC 126 (04 August 2022) (Farrell, Markovic and Derrington JJ)
Catchwords: CORPORATIONS – Inspection of documents by members – application under s 247 of the Corporations Act 2001 Cth) – consideration of whether the applicant
Cruickshank v Australian Securities and Investments Commission [2022] FCAFC 128 (05 August 2022) (Allsop CJ, Jackson and Anderson JJ)
Catchwords: CORPORATIONS – appeal from the decision of the liability judgment and the orders and declarations made in the penalty judgment – continuous disclosure obligations
NSW Court of appeal
Shepherd v State of New South Wales [2022] NSWCA 145 (11 August 2022) (Leeming, Brereton and Beech-Jones JJA)
Catchwords: APPEAL – alleged assault by police – appeal from dismissal – appellant said he was assaulted as he confronted police over alleged failure to
Saberi v Bakhshizadeh [2022] NSWCA 142 (11 August 2022) (Macfarlan and Kirk JJA)
Catchwords: COSTS — security for costs — whether plaintiff “ordinarily resident outside of Australia” — proceedings dismissed after non-provision of security — r 42.21(1)(a) and
Thumbiran v Silver Chef Rentals Pty Ltd; Thumbiran v Silver Chef Rentals Pty Ltd [2022] NSWCA 148 (11 August 2022) (Leeming, Brereton and Mitchelmore JJA)
Catchwords: PROCEDURE – compromises and settlements – litigation compromised by defendant accepting plaintiff’s offer – defendant declined to execute deed – Court determined binding settlement
Rialto Sports Pty Limited v Cancer Care Associates Pty Limited [2022] NSWCA 146 (10 August 2022) (Bell CJ, Macfarlan and Gleeson JJA)
Catchwords: CONTRACTS – construction – whether vendor’s covenant to construct building in a proper and workmanlike manner was only a “best endeavours” obligation – whether
Tanwar v Aslam [2022] NSWCA 149 (08 August 2022) (Leeming JA)
Catchwords: PRACTICE – parties – misjoinder – third respondent to appeal died after appeal commenced – appellant challenged findings that worker was injured and that
Mitchell v Transport for NSW [2022] NSWCA 141 (10 August 2022) (Meagher and Mitchelmore JJA)
Catchwords: APPEALS – leave to appeal from order for security for costs – representative proceedings – where litigation funder agreed to indemnify plaintiffs against adverse