High Court Bulletin

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High Court Bulletin

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


[2011] HCAB 03 (18 April 2011)

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

Lacey v Attorney-General of Queensland

Criminal Law

Stubley v Western Australia

Criminal Law

In the matter of an application by Andrew Green for leave to issue a proceeding

High Court and Federal Court

In the matter of an application by Graham Freemantle for leave to issue a proceeding

High Court and Federal Court

Edwards v Santos Limited

Practice and Procedure

Miller v Miller

Torts

2: Cases Reserved

Case

Title

Haskins v The Commonwealth of Australia

Constitutional Law

Nicholas v The Commonwealth of Australia & Anor

Constitutional Law

Roy Morgan Research Pty Ltd v Commissioner of Taxation & Anor

Constitutional Law

Boland v Dillon; Cush v Dillon

Defamation

Jemena Gas Networks (NSW) Limited v Mine Subsidence Board

Energy and Resources

Dasreef Pty Limited v Hawchar

Evidence

Insight Vacations Pty Ltd t/as Insight Vacations v Young

Trade and Commerce

3: Original Jurisdiction

Case

Title

There are no new cases ready for hearing in the original jurisdiction of the High Court of Australia since [2011] HCAB 02.

4: Special Leave Granted

Case

Title

Queanbeyan City Council v ACTEW Corporation Ltd & Anor

Constitutional Law

Moti v The Queen

Criminal Law

Green v The Queen; Quinn v The Queen

Criminal Law

AB v State of Western Australia; AH v State of Western Australia

Statutes

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the March—April 2011 sittings.

Administrative Law

See High Court and Federal Court:  In the matter of an application by Andrew Green for leave to issue a proceeding

Constitutional Law

See High Court and Federal Court:  In the matter of an application by Andrew Green for leave to issue a proceeding

Criminal Law

Lacey v Attorney-General of Queensland

B40/2010: [2011] HCA 10.

Judgment delivered: 7 April 2011.

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

Catchwords:

Criminal law — Appeal — Appeal against sentence — Appeal by Crown — Where s 669A(1) of Criminal Code (Q) permitted appeal by Attorney-General against sentence and provided that appellate court "may in its unfettered discretion vary the sentence and impose such sentence as to the Court seems proper" — Where appellate court increased sentence without identifying any error by sentencing judge — Whether Crown must demonstrate error by sentencing judge before discretion to vary sentence enlivened.

Words and phrases — "appeal", "unfettered discretion".

Appealed from Qld SC (CA): (2009) 197 A Crim R 399; [2009] QCA 274.

Stubley v Western…

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Details
Case
[2011] HCAB 3
Decision Date

CaseChat Overview and Summary

The High Court handed down judgments in six cases during the March—April 2011 sittings. In Lacey v Attorney-General of Queensland, the Court considered whether the Crown must demonstrate error by the sentencing judge before the Court may exercise its discretion to vary the sentence. The Court held that the Crown was not required to demonstrate error by the sentencing judge before the Court could exercise its discretion to vary the sentence. In Stubley v Western Australia, the Court considered whether evidence of uncharged acts had significant probative value. The Court held that the evidence of uncharged acts did not have significant probative value. In the matter of an application by Andrew Green for leave to issue a proceeding, the Court considered whether the applicant's electoral petition sufficiently set out the facts relied upon to invalidate the election. The Court held that the petition did not sufficiently set out the facts relied upon to invalidate the election. In Edwards v Santos Limited, the Court considered whether the plaintiffs had sufficient interest to bring proceedings seeking declarations that a grant of lease to the first and third defendants would not be valid. The Court held that the plaintiffs had sufficient interest to bring proceedings. In Miller v Miller, the Court considered whether the defendant owed a duty of care to the plaintiff. The Court held that the defendant did not owe a duty of care to the plaintiff. Finally, in the matter of an application by Graham Freemantle for leave to issue a proceeding, the Court considered whether the application raised a real question to be determined. The Court held that the application did not raise a real question to be determined.

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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