Recent Cases
High Court of Australia
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
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
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)
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
Full Federal Court
Yu v ACT Education Directorate [2022] FCAFC 110 (30 June 2022) (Thomas, SC Derrington and Halley JJ)
Catchwords: INDUSTRIAL LAW Ð adverse action Ð whether employee exercising a workplace right under s 343(1)(a) of the Fair Work Act 2009 (Cth) Ð where
Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2022] FCAFC 108 (27 June 2022) (Besanko, Lee and O’Bryan JJ)
Catchwords: CONSUMER LAW – consumer credit – alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) (Act) and the National Credit Code in
Comptroller-General of Customs v Alstom Transport Australia Pty Ltd [2022] FCAFC 109 (27 June 2022) (Markovic, Thawley and Hespe JJ)
Catchwords: TAXATION – customs and excise – tariff concession order (TCO) – core criteria – substitutable goods – appeal from decision of the Administrative Appeals
DGPZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 107 (27 June 2022) (Besanko, Wheelahan and Rofe JJ)
Catchwords: PRACTICE AND PROCEDURE — application for extension of time within which to file Notice of appeal from orders made by Federal Court of Australia
Hood v Down Under Enterprises International Pty Limited (No 2) [2022] FCAFC 106 (22 June 2022) (Yates, Moshinsky and Rofe JJ)
Catchwords: PRACTICE AND PROCEDURE – costs – offer to compromise – Calderbank offer – whether unreasonable to fail to accept offer – appropriate order as
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 105 (21 June 2022) (Markovic, Thawley and Cheeseman JJ)
Catchwords: COSTS – where the first respondent contends the costs order made by the primary judge in his favour should not be disturbed and the
NSW Court of appeal
Sebie v Pham (No 5) [2022] NSWCA 111 (01 July 2022) (Brereton JA)
Catchwords: CIVIL PROCEDURE – Court of Appeal – Application for stay of orders for payment of money out of court, pending application for special leave
Fasako Pty Ltd v TianyD Beauty & Hairdressing Australia Pty Ltd [2022] NSWCA 112 (01 July 2022) (White JA and Basten AJA)
Catchwords: APPEALS – leave to appeal – interlocutory judgment – proposed appeal from refusal of leave to appeal from NCAT Appeal Panel – constrained approach
Foundas v Arambatzis (No. 5) [2022] NSWCA 113 (01 July 2022) (Bell CJ, White JA and Basten AJA)
Catchwords: CIVIL PROCEDURE — Court of Appeal — Whether the court has the power to reopen an appeal and set aside final orders on the
Kordovoulos v Dixon-Hughes [2022] NSWCA 110 (30 June 2022) (Mitchelmore JA)
Catchwords: APPEAL – representation of deceased estate – where interest of estate in the outcome of the appeal – where probate not to be applied
Muriniti v Kalil [2022] NSWCA 109 (29 June 2022) (Macfarlan, Leeming and Brereton JJA)
Catchwords: COSTS – Orders against non-parties – Personal costs orders against lawyers – Application for such orders should be made at conclusion of proceedings –
Olde English Tiles Australia Pty Ltd v Transport for New South Wales [2022] NSWCA 108 (28 June 2022) (Ward P, Gleeson and Mitchelmore JJA, Basten AJA and Preston CJ Of Lec)
Catchwords: LAND LAW – compulsory acquisition of land – compensation – compensable interests in land – bare licence to occupy land terminable at will by