High Court Bulletin

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High Court Bulletin

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


[2012] HCAB 09 (19 September 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

Plaintiff S10/2011 v Minister for Immigration and Citizenship; Kaur v Minister for Immigration and Citizenship; Plaintiff S49/2011 v Minister for Immigration and Citizenship; Plaintiff S51/2011 v Minister for Immigration and Citizenship

Administrative Law

Andrews v Australia and New Zealand Banking Group Ltd

Banker and Customer

Burns v The Queen

Criminal Law

Douglass v The Queen

Criminal Law

Likiardopoulos v The Queen

Criminal Law

Board of Bendigo Regional Institute of Technical and Further Education v Barclay

Industrial law

P.T. Garuda Indonesia Ltd v Australian Competition & Consumer Commission

Public International Law

The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal; The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal; The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal; The National Competition Council v Hamersley Iron Pty Ltd; The National Competition Council v Robe River Mining Co Pty Ltd

Trade Practices

2: Cases Reserved

Case

Title

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

Constitutional Law

Google Inc v Australian Competition and Consumer Commission

Consumer Law

Westfield Management Limited as Trustee for the Westart Trust v AMP Capital Property Nominees Limited as Nominee of Unisuper Limited in its Capacity as Trustee of the Complying Superannuation Fund Known as Unisuper & Anor

Corporations Law

Stanford v Stanford

Family 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 8 [2012] HCAB 08.

4: Special Leave Granted

Case

Title

Weinstock & Anor v Beck & Anor

Corporations Law

Huynh v The Queen

Criminal Law

Karpany & Anor v Dietman

Native Title

Castle Constructions Pty Limited v Sahab Holdings Pty Ltd & Anor

Property

Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd & Ors

Torts

1: Cases Handed Down

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

Administrative Law

Plaintiff S10/2011 v Minister for Immigration and Citizenship; Kaur v Minister for Immigration and Citizenship; Plaintiff S49/2011 v Minister for Immigration and Citizenship; Plaintiff S51/2011 v Minister for Immigration and Citizenship

S10/2011;S43/2011;S49/2011;S51/2011: [2012] HCA 31.

Judgment delivered:  7 September 2012.

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

Catchwords:

Administrative law – Procedural fairness – Migration – Refugees – Review by Refugee Review Tribunal and Migration Review Tribunal – Ministerial discretion – Migration Act 1958 (Cth) confers powers upon Minister to dispense with statutory requirements…

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Details
Case
[2012] HCAB 9
Decision Date

CaseChat Overview and Summary

The High Court of Australia handed down several judgments in September 2012. In Plaintiff S10/2011 v Minister for Immigration and Citizenship; Kaur v Minister for Immigration and Citizenship; Plaintiff S49/2011 v Minister for Immigration and Citizenship; Plaintiff S51/2011 v Minister for Immigration and Citizenship, the Court considered whether the statutory provisions conferring dispensing powers on the Minister for Immigration and Citizenship adversely affected the sufficient interest of a party seeking exercise of those powers, and whether they excluded any obligation of the Minister to accord procedural fairness to the plaintiffs. In Andrews v Australia and New Zealand Banking Group Ltd, the Court considered whether certain fees charged by the bank were penalties and whether the penalty doctrine was limited to circumstances where there is a breach of contract. In Burns v The Queen, the Court considered whether there was sufficient evidence to warrant a new trial on the basis that the appellant administered or assisted in administering a drug to the deceased, and whether the appellant had a legal duty to take steps to preserve the deceased's life.

The legal issues in these cases were complex and required the Court to consider a range of legal principles, including administrative law, criminal law, and the doctrine of penalties. The Court's reasoning and outcome in each case were carefully considered, and the final orders reflected the Court's interpretation of the law. These cases demonstrate the importance of understanding the legal principles that apply to a particular dispute and the need for careful consideration of the facts and arguments presented.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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