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Case [2023] HCAB 7 15 September 2023

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High Court Bulletin

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

[2023] HCAB 7 (15 September 2023)

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: Summary of New Entries
2: Cases Handed Down
3: Cases Reserved
4: Original Jurisdiction
5: Section 40 Removal
6: Special Leave Granted
7: Cases Not Proceeding or Vacated
8: Special Leave Refused

1: Summary of New Entries

2: Cases Handed Down

Case	Title
AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors	Immigration
Qantas Airways Limited & Anor v Transport Workers Union of Australia	Industrial Law
Crime and Corruption Commission v Carne	State Parliament

3: Cases Reserved

Case	Title
Huxley v The Queen	Criminal Law
Ismail v Minister for Immigration, Citizenship and Multicultural Affairs	Immigration
Redland City Council v Kozik & Ors	Restitution
Harvey & Ors v Minister for Primary Industry and Resources & Ors	Statutes

4: Original Jurisdiction

5: Section 40 Removal

6: Special Leave Granted

Case	Title
Morgan & Ors v McMillan Investment Holdings Pty Ltd & Anor	Bankruptcy
Cessnock City Council ABN 60 919 148 928 v 123 259 932 Pty Ltd ACN 123 259 932	Contract
LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor	Immigration
Miller v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor	Immigration
Productivity Partners Pty Ltd (trading as Captain Cook College) (ACN 085 570 547) & Anor v Australian Competition and Consumer Commission & Anor	Trade Practices
Wills v Australian Competition and Consumer Commission & Ors	Trade Practices

7: Cases Not Proceeding or Vacated

8: Special Leave Refused

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the August 2023 sittings.

Immigration

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors

M84/2022; M85/2022: [2023] HCA 26

Judgment delivered: 6 September 2023

Coram: Kiefel CJ, Gordon, Edelman, Steward and Gleeson JJ

Catchwords:

Constitutional Law (Cth) – Judicial power of the Commonwealth – Jurisdiction – Appeals – Meaning of “matter” – Where appellant commenced proceedings in Federal Court of Australia seeking mandamus to require Secretary of Department of Home Affairs to remove him from Australia to a regional processing country under s 198AD(2) of Migration Act 1958 (Cth) – Where Federal Court made orders declaring s 198AD(2) of Act applied to appellant, requiring Secretary to perform duty under s 198AD(2) as soon as reasonably practicable, and requiring appellant be detained in immigration detention at a residential address pending removal to a regional processing country – Where Minister for Home Affairs subsequently exercised power under s 198AE(1) of Act to determine duty under s 198AD(2) did not apply to appellant – Where respondents sought to appeal primary judge's orders to Full Court of the Federal Court of Australia – Where at time of appeals…

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

AGLC: High Court Bulletin [2023] HCAB 7
Case: [2023] HCAB 7
Decision Date

CaseChat Overview and Summary

In the case of AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors, the High Court considered the meaning of “matter” within the meaning of Chapter III of the Constitution and whether there was a justiciable controversy before the Full Court of the Federal Court of Australia. The Court held that appeal allowed with costs. In Qantas Airways Limited & Anor v Transport Workers Union of Australia, the Court examined whether the prohibition in s 340(1)(b) of the Fair Work Act 2009 (Cth) only prohibited adverse action taken to prevent the exercise of a presently existing workplace right. The Court held that the appeal was dismissed. In Crime and Corruption Commission v Carne, the Court considered whether a court was precluded from making a declaration concerning a report because its preparation and presentation were “proceedings” in the Legislative Assembly. The Court held that the appeal was dismissed with costs.

Orders