High Court Bulletin
Produced by the High Court of Australia Library
[2009] HCAB 1 (17 February 2009)
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, and refused special leave to appeal.
1: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Special Leave Dismissed
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the February 2009 sittings.
K-Generation Pty Limited v Liquor Licensing Court
High Court of Australia: [2009] HCA 4.
Judgment delivered: 2 February 2009.
Coram: French CJ, Gummow, Kirby, Hayne, Heydon, Crennan and Kiefel JJ.
Catchwords:
Constitutional law (Cth) — Chapter III — Judicial power — Vesting of federal jurisdiction in State courts — Licensing Court of South Australia established under Liquor Licensing Act 1997 (SA) (“Licensing Act”) — Licensing Court constituted by District Court judge — Whether Licensing Court “court of a State” within meaning of s 77(iii) of Constitution — Whether Licensing Court invested with federal jurisdiction by s 39(2) of Judiciary Act 1903 (Cth) (“Judiciary Act”) — Significance of absence of express power of punishment for contempt.
Constitutional law (Cth) — Chapter III — Judicial power — Vesting of federal jurisdiction in State courts — Integrity of State courts — Requirement of impartiality and independence for repository of federal jurisdiction — Licensing Act, s 28A required Licensing Court to take steps to maintain confidentiality of information classified by Commissioner of Police as “criminal intelligence” in proceedings under Licensing Act — Steps included receipt of evidence and argument in absence of parties — Whether s 28A invalid for denying Licensing Court character of independent and impartial tribunal.
Statutes — Interpretation — Licensing Act, s 28A — “Criminal intelligence” defined to include information which “could reasonably be expected” to prejudice criminal investigations — Whether classification by Commissioner of Police of information as “criminal intelligence” amenable to review by Licensing Court — Whether mandatory for Licensing Court to hear evidence and argument in absence of parties.
Constitutional law (Cth) — Chapter III — Judicial power — Vesting of federal jurisdiction in State courts — Integrity of State courts — Whether consequence of impairment of integrity is that Licensing Court no longer “court of a State” to which s 77(iii) of Constitution applies — Whether s 39(2) of Judiciary Act ambulatory and would cease to apply — Whether States may establish “court of a State” then subsequently deprive court of independence and impartiality.
Constitutional law (Cth) — Chapter III — Judicial power — Nature of judicial power — Whether exercise by Licensing Court of judicial or administrative power.
Practice and procedure — Interveners — Procedure where interveners seek remedy and assert arguments opposed by immediate parties.
Words and phrases — “could reasonably be expected”, “court of a State”, “criminal intelligence”.
Appealed from SA SC: [2007] SASC 319; (2007) 99 SASR 58
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- [2009] HCAB 1
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CaseChat Overview and Summary
In Parker v Comptroller–General of Customs, the High Court examined whether the appellant was denied procedural fairness when the Court of Appeal decided an appeal without affording the appellant the opportunity to make submissions on a non-binding decision. The Court concluded that the appellant was not denied procedural fairness and that the Court of Appeal was not required to afford the appellant the opportunity to be heard on the non-binding decision.
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