High Court Bulletin

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High Court Bulletin

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


[2022] HCAB 4 (13 May 2022)

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

Citta Hobart Pty Ltd v Cawthorn

Constitutional Law

Fairbairn v Radecki

Family Law

Plaintiff M1/2021 v Minister for Home Affairs

Immigration

3: Cases Reserved

Case

Title

Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor

Administrative Law

Hore v The Queen; Wichen v The Queen

Criminal Law

O'Dea v The State of Western Australia

Criminal Law

Google LLC v Defteros

Defamation

4: Original Jurisdiction

5: Section 40 Removal

6: Special Leave Granted

Case

Title

Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors; DCM20 v Secretary of Department of Home Affairs & Anor

Administrative Law

Attorney-General (Cth) v Huynh & Ors

Constitutional Law

Metal Manufacturers Pty Limited v Gavin Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd (in liquidation) & Anor

Corporations Law

Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd & Anor; Self Care IP Holdings Pty Ltd & Anor v Allergan Australia Pty Ltd & Anor

Intellectual Property

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 May 2022 sittings.

Constitutional law

Citta Hobart Pty Ltd v Cawthorn

H7/2021: [2022] HCA 16

Judgment: 4 May 2022

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

Catchwords:

Constitutional law (Cth) – Chapter III – Where respondent's complaint made under Anti Discrimination Act 1998 (Tas) ("State Act") was referred to Anti-Discrimination Tribunal ("Tribunal") – Where appellants in defence asserted provisions in State Act inconsistent with Disability Discrimination Act 1992 (Cth) and Disability (Access to Premises – Buildings) Standards 2010 (Cth) – Where Tribunal dismissed complaint for want of jurisdiction without addressing merits of defence – Where Full Court of Supreme Court of Tasmania on appeal considered merits of, and rejected, defence – Where Tribunal not "court of a State" within meaning of ss 77(ii) and 77(iii) of Constitution – Where Chapter III implication recognised in Burns v Corbett (2018) 265 CLR 304 prevents State Parliament conferring on State tribunal that is not "court of a State" judicial power with respect to any matter of kind described in ss 75 and 76 of Constitution – Whether Tribunal exercised judicial power when determining complaint under State Act – Whether Tribunal had jurisdiction to hear and determine complaint – Whether defence needed to meet some threshold…

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Details
Case
[2022] HCAB 4
Decision Date

CaseChat Overview and Summary

In Citta Hobart Pty Ltd v Cawthorn (2022) HCA 16, the High Court of Australia held that the Anti-Discrimination Tribunal of Tasmania did not have jurisdiction to hear and determine a complaint under the Anti-Discrimination Act 1998 (Tas) ("State Act") because it was not a "court of a State" within the meaning of ss 77(ii) and 77(iii) of the Constitution. The Full Court of the Supreme Court of Tasmania had previously rejected the defence of the appellants that provisions in the State Act were inconsistent with the Disability Discrimination Act 1992 (Cth) and the Disability (Access to Premises – Buildings) Standards 2010 (Cth). The High Court held that the Tribunal did not exercise judicial power when determining the complaint under the State Act, and that the Full Court had erred in considering the merits of the defence.

In Fairbairn v Radecki (2022) HCA 18, the High Court of Australia held that a de facto relationship had broken down within the meaning of s 90SM of the Family Law Act 1975 (Cth) where one of the parties suffered rapid cognitive decline and was diagnosed with dementia. The appellant and respondent had been in a de facto relationship and resided in the appellant's home, and had agreed to keep their assets strictly separate. When the appellant was diagnosed with dementia, the NSW Trustee and Guardian was appointed to manage the appellant's financial affairs and moved the appellant into an aged care facility permanently. The Trustee then sought property settlement orders pursuant to s 90SM of the Family Law Act. The Full Court of the Family Court of Australia had previously held that the de facto relationship had not broken down, but the High Court held that the relationship had broken down within the meaning of s 90SM.

In Plaintiff M1/2021 v Minister for Home Affairs (2022) HCA 17, the High Court of Australia held that the delegate of the Minister for Home Affairs was required to consider the plaintiff's representations raising potential breach of Australia's international non-refoulement obligations when deciding whether there was "another reason" to revoke the cancellation decision under s 501CA(4) of the Migration Act 1958 (Cth). The delegate had decided that there was not "another reason" to revoke the cancellation decision, and had considered it unnecessary to determine whether non-refoulement obligations owed because the plaintiff could make a valid application for a protection visa. The High Court held that the delegate had failed to exercise the jurisdiction conferred by s 501CA(4) and had denied the plaintiff procedural fairness.

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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