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High Court Bulletin

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

[2012] HCAB 02 (16 March 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
Wotton v The State of Queensland & Anor	Constitutional Law
ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue	Contracts
Waller v Hargraves Secured Investments Limited	Mortgages
Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Haxton; Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Bassat; Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Cunningham's Warehouse Sales Pty Ltd	Restitution
Australian Education Union v Department of Education and Children's Services	Statutes
Strong v Woolworths Limited t/as Big W & Anor	Torts

2: Cases Reserved

Case	Title
The Pilbara Infrastructure Pty Ltd & Anor v Australian Competition Tribunal & Ors; The National Competition Council v Hamersley Iron Pty Ltd & Ors; The National Competition Council v Robe River Mining Co Pty Ltd & Ors (Part Heard - Matter Relisted)	Competition Law
Fortescue Metals Group Ltd v Australian Securities and Investments Commission & Anor; Forrest v Australian Securities and Investments Commission & Anor	Corporations
Baker v The Queen	Criminal Law
R v Getachew	Criminal Law
R v Khazaal	Criminal Law
Harbour Radio Pty Limited v Trad	Defamation

3: Original Jurisdiction

Case	Title
J T International SA v Commonwealth of Australia; British American Tobacco Australasia Limited & Ors v Commonwealth of Australia	Constitutional Law

4: Special Leave Granted

Case	Title
Likiardopoulos v The Queen	Criminal Law
Madeleine Louise Sweeney bhnf Norma Bell v Thornton (Matter Referred to Full Court)	Torts

1: Cases Handed Down

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

Constitutional Law

Wotton v The State of Queensland & Anor

S314/2010: [2012] HCA 2.

Judgment delivered: 29 February 2012.

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

Catchwords:

Constitutional law (Cth) – Operation and effect of Constitution – Interpretation – Implied freedom of political communication about government or political matters – System of representative and responsible government – Validity of ss 132(1)(a) and 200(2) of Corrective Services Act 2006 (Q) – Whether statute complies with limitations on legislative power of State – Whether the impugned law effectively burdens freedom of communicating about government and political matters – Whether provisions reasonably appropriate and adapted to serve legitimate end in manner compatible with maintenance of representative and responsible government.
Administrative law – Relationship between Judicial Review Act 1991 (Q) and determination of issues of legislative validity – Whether validity of particular conditions imposed pursuant to s 200(2) of Corrective Services Act 2006 (Q) question of constitutional…

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 2
Decision Date

CaseChat Overview and Summary

This is a summary of recent decisions of the High Court of Australia. The High Court handed down decisions in a number of matters including Wotton v The State of Queensland & Anor, ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue, Waller v Hargraves Secured Investments Limited, Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Haxton; Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Bassat; Equuscorp Pty Ltd (formerly Equus Financial Services Ltd) v Cunningham's Warehouse Sales Pty Ltd, Australian Education Union v Department of Education and Children's Services, and Strong v Woolworths Limited t/as Big W & Anor. The High Court also reserved decisions in a number of matters including Public Service Association of South Australia Incorporated v Industrial Relations Commission of South Australia & Anor, Plaintiff S51/2011 v Minister for Immigration and Citizenship & Anor, The Pilbara Infrastructure Pty Ltd & Anor v Australian Competition Tribunal & Ors; The National Competition Council v Hamersley Iron Pty Ltd & Ors; The National Competition Council v Robe River Mining Co Pty Ltd & Ors, and Sportsbet Pty Ltd v The State of New South Wales & Ors; Betfair Pty Ltd v Racing New South Wales & Ors. Special leave to appeal was granted in a number of matters including Commonwealth of Australia v Kutlu & Ors; Commonwealth of Australia v Clarke & Ors; Commonwealth of Australia v Lee & Ors; The Hon Nicola Roxon, Commonwealth Minister of State for Health v Condoleon & Ors, Beck v Weinstock & Ors, and Burns v The Queen. Special leave was refused in a number of matters including Ferdinands, Lance Alder as litigation guardian for Trent Ashley Alder, Bahonko, and CGU Insurance Limited.

Orders