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High Court Bulletin

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

[2012] HCAB 11 (21 November 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
Mansfield v The Queen; Kizon v The Queen	Corporations Law
Cooper v The Queen	Criminal Law
Montevento Holdings Pty Ltd v Scaffidi	Equity
RCB as litigation guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest	Family Law
Stanford v Stanford	Family Law
Mills v Commissioner of Taxation	Taxation

2: Cases Reserved

Case	Title
TCL Air Conditioner (Zhongshan) Co Ltd vThe Judges of the Federal Court of Australia and Anor	Constitutional Law
Beck v Weinstock & Ors; Weinstock & Anor v Beck & Anor	Corporations Law
Baini v The Queen	Criminal Law
X7 v Australian Crime Commission and Anor	Statutes
Commissioner of Taxation v Consolidated Media Holdings Ltd	Taxation

3: Original Jurisdiction

Case	Title
Tahiri v Minister for Immigration and Citizenship	Citizenship and Migration
Plaintiff M79 v Minister for Immigration and Citizenship	Citizenship and Migration
Fortescue Metals Group Limited and Ors v The Commonwealth of Australia	Constitutional Law

4: Special Leave Granted

Case	Title
Minister for Immigration and Citizenship v Li and Anor	Citizenship and Migration
SZOQQ v Minister for Immigration and Citizenship and Anor	Citizenship and Migration
Yates v The Queen (matter referred to Full Court)	Criminal Law
Aristocrat Technologies Australia Pty Ltd and Ors v Global Gaming Supplies Pty Ltd and Ors (matter referred to Full Court)	Evidence

1: Cases Handed Down

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

Corporations Law

Mansfield v The Queen; Kizon v The Queen

P60/2011; P61/2011: [2012] HCA 49.

Judgment delivered: 14 November 2012.

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

Catchwords:

Corporations law – Insider trading – Appellants allegedly possessed inside information concerning listed public company – Appellants allegedly bought or procured purchase of shares in that company – Information was false – Corporations Act 2001 (Cth) prohibits certain conduct by person who possesses inside information about company – Whether person in possession of false information can contravene insider trading prohibitions.

Appealed from WA SC (CA): (2011) 251 FLR 286; [2011] WASCA 132.

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Criminal Law

Cooper v The Queen

S135/2012: [2012] HCA 50.

Judgment delivered: 14 November 2012.

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

Catchwords:

Criminal law – Appeal – Misdirection – Application of "proviso" – Appellant convicted of murder – Prosecution alleged at trial that either appellant hit and killed deceased or alternatively another person hit and killed deceased pursuant to joint criminal enterprise with appellant –…

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 11
Decision Date

CaseChat Overview and Summary

The High Court of Australia handed down judgments in several cases during its November 2012 sittings. In the criminal law case of Cooper v The Queen, the Court considered whether the Court of Criminal Appeal erred in concluding that no evidence of a joint criminal enterprise existed. The Court held that the trial judge misdirected the jury in respect of the joint criminal enterprise, but concluded that no substantial miscarriage of justice had occurred. In the family law case of RCB as litigation guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest, the Court held that the Family Court did not breach procedural fairness in making a return order under the Family Law (Child Abduction Convention) Regulations 1986 (Cth). The Court found that there was no requirement for the children to have independent legal representation. In the case of Stanford v Stanford, the Court held that the Family Court had jurisdiction to make a property settlement order in proceedings that were pending at the time of the wife's death. The Court also held that the power to make the order survived the wife's death. Finally, in the case of Mills v Commissioner of Taxation, the Court held that the imputation system applied to a scheme to reduce income tax. The Court found that the scheme had the purpose of enabling the taxpayer to obtain an imputation benefit.

Orders