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High Court Bulletin

Produced by the Legal Research Officer,
High Court of Australia Library

[2012] HCAB 12 (20 December 2012)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court's original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Cases Not Proceeding or Vacated
6: Special Leave Refused

Summary of New Entries

1: Cases Handed Down

Case	Title
The Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment	Constitutional Law
Westfield Management Limited v AMP Capital Property Nominees Limited	Contract Law/Corporations Law
Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander	Costs/Statutory Interpretation
New South Wales v Williamson	Costs/Statutory Interpretation
Baini v The Queen	Criminal Law
Papaconstuntinos v Holmes a Court	Defamation
Tahiri v Minister for Immigration and Citizenship	Immigration
Newcrest Mining Limited v Thornton	Negligence
Lee v Commonwealth of Australia	Practice
Commissioner of Taxation v Consolidated Media Holdings Ltd	Taxation

2: Cases Reserved

Case	Title
Assistant Commissioner Michael James Condon v Pompano Pty Ltd & Anor	Constitutional Law
Huynh v The Queen	Criminal Law
Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd & Ors	Negligence
Maloney v The Queen	Statutes/Constitutional Law

3: Original Jurisdiction

Case	Title
There are no new matters ready for hearing in the original jurisdiction of the High Court since High Court Bulletin 11 [2012] HCAB 11.

4: Special Leave Granted

Case	Title
Keating v Director of Public Prosecutions (Cth) - Removed from Magistrates' Court of Victoria	Constitutional Law
State of NSW v Kable	Constitutional Law/Torts
Director of Public Prosecutions (Cth) v JM – Referred to Full Court	Criminal Law
Kakavas v Crown Melbourne Limited & Ors	Equity/Trade Practices
Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors	Intellectual Property
Commissioner of Taxation v Unit Trend Services Pty Ltd – Referred to Full Court	Taxation

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the December 2012 sittings.

Constitutional Law

The Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment

S127/2012: [2012] HCA 58.

Judgment delivered: 12 December 2012.

Coram: French CJ, Hayne, Heydon, Crennan, Kiefel and Bell JJ.

Catchwords:

Constitutional law (Cth) – Judicial power of Commonwealth – Constitution, Ch III – Institutional integrity of State court vested with federal jurisdiction – Section 146C(1) of Industrial Relations Act 1996 (NSW) provides that Industrial Relations Commission of New South Wales must "give effect to any policy ... that is declared by the regulations to be an aspect of government policy that is required to be given effect to by the Commission" when making or varying any award or order – Commission comprises judicial and non-judicial members – Judicial members…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] HCAB 12
Decision Date

CaseChat Overview and Summary

The Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment was a constitutional law case. The appellants appealed from the NSW Industrial Relations Commission to the NSW Court of Appeal, and then to the High Court. The central issue was whether s 146C(1) of the Industrial Relations Act 1996 (NSW) impaired the institutional integrity of the Industrial Court by requiring judicial members, when sitting as the Commission, to comply with regulations when making or varying any award or order. The High Court held that the section did not impair the institutional integrity of the Industrial Court. Westfield Management Limited v AMP Capital Property Nominees Limited was a contract and corporations law case. The appellants appealed from the NSW Supreme Court to the NSW Court of Appeal, and then to the High Court. The central issue was whether the prohibition on sale of trust property without unitholders' prior written consent fettered the unitholder's right to vote for extraordinary resolution to wind up the managed investment scheme under s 601NB of the Corporations Act 2001 (Cth). The High Court held that the prohibition did not fettered the unitholder's right to vote.

Orders