High Court Bulletin
[2025] HCAB 2 (27 March 2025)
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 Minister for Immigration and Multicultural Affairs & Ors v MZAPC
Immigration Commonwealth of Australia v Yunupingu (on behalf of the Gumatj Clan or Estate Group) & Ors
Constitutional law Bogan & Anor v The Estate of Peter John Smedley (Deceased) & Ors Practice and procedure 3: Cases Reserved
Case
Title
Kain v R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Ernst & Young (a Firm) ABN 75 288 172 749 v R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Shand v R&B Investments Pty Ltd as trustee for the R&B Penson Fund & OrsRepresentative proceedings
Helensburgh Coal Pty Ltd v Bartley & Ors
Industrial law
Valuer-General Victoria v WSTI Properties 490 SKR Pty Ltd
Land valuation
MJZP v Director-General of Security & Anor
Constitutional law
Evans & Anor v Air Canada ABN 29094769561
Aviation law
La Perouse Local Aboriginal Council ABN 89136607167 & Anor v Quarry Street Pty Ltd ACN 616184117 & Anor
Land law
4: Original Jurisdiction
Case
Title
5: Section 40 Removal
Case
Title
6: Special Leave Granted
Case
Title
Michael Stewart by his litigation guardian Carol Schwarzman v Metro North Hospital and Health Service (ABN 184 996 277 942)
Torts
Farshchi v The King
Constitutional law
R Lawyers v Mr Daily & Anor
Contract law
7: Cases Not Proceeding or Vacated
Case
Title
8: Special Leave Refused
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the March 2025 sittings.
Constitutional Law
Commonwealth of Australia v Yunupingu (on behalf of the Gumatj Clan or Estate Group) & Ors
D5/2023: [2025] HCA 6
Date delivered: 12 March 2025
Coram: Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot and Beech‑Jones JJ
Catchwords:
Constitutional law – Constitution, s 51(xxxi) – Acquisition of property on just terms – Extinguishment of native title – Where principal proceeding is application for compensation under Native Title Act 1993 (Cth) for alleged effects of grants or legislative acts on native title in period after Northern Territory became territory of Commonwealth in 1911 and before enactment of Northern Territory Self-Government Act 1978 (Cth) – Whether Full Court erred by failing to find that just terms requirement contained in s 51(xxxi) of Constitution does not apply to laws enacted pursuant to s 122 of Constitution, including Northern Territory (Administration) Act 1910 (Cth) and Ordinances made thereunder – Whether Wurridjal v Commonwealth (2009) 237 CLR 309 should be re-opened –…
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- Case
- [2025] HCAB 2
- Decision Date
CaseChat Overview and Summary
In Minister for Immigration and Multicultural Affairs & Ors v MZAPC, the High Court was asked to consider the extent to which a primary judge could grant an interlocutory injunction restraining the removal of an unlawful non-citizen from Australia. The Full Court had upheld the primary judge's decision, leading to the appeal. The Court had to determine whether the Full Court was correct in concluding that the primary judge had the power to grant such an injunction.
The High Court held that the Full Court's interpretation of the law concerning the extinguishment of native title and the application of the "just terms" requirement was correct. The Court found that the Full Court had properly determined that the reservation of minerals from pastoral leases did not constitute an acquisition of property under section 51(xxxi) of the Constitution. The Court further held that the Full Court did not err in affirming the primary judge's power to grant an interlocutory injunction restraining the removal of an unlawful non-citizen from Australia.
The orders of the Court were that the appeal be dismissed, and the Full Court's decision was upheld in both cases.
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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