High Court Bulletin

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High Court Bulletin

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


[2020] HCAB 10 (11 December 2020)

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

Gerner & Anor v The State of Victoria

Constitutional Law

Peniamina v The Queen

Criminal Law

Roy v O’Neill

Evidence

Clayton v Bant

Family Law

Minister for Home Affairs v DUA16 & Anor; Minister for Home Affairs v CHK16 & Anor

Immigration Law

Minister for Home Affairs & Ors v DMA18 as Litigation Guardian for DLZ18 & Anor; Minister for Home Affairs & Anor v Marie Theresa Arthur as Litigation Representative for BXD18; Minister for Home Affairs & Anor v FRX17 as Litigation Representative for FRM17; Minister for Home Affairs & Anor v DJA18 as Litigation Representative for DIZ18

Immigration Law

3: Cases Reserved

Case

Title

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 & Anor

Administrative Law

Minister for Home Affairs v Benbrika

Constitutional Law

Minister for Immigration and Border Protection v EFX17

Migration Law

The Commissioner of Taxation for the Commonwealth of Australia v Travelex Limited

Taxation

4: Original Jurisdiction

5: Section 40 Removal

Case

Title

Commonwealth of Australia v AJL20

Constitutional Law

6: Special Leave Granted

Case

Title

Chetcuti v Commonwealth of Australia

Constitutional Law

Edwards v The Queen

Criminal Law

Director of Public Prosecutions Reference No 1 of 2019

Criminal Law

Fairfax Media Publications Pty Ltd v Voller; Nationwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller

Defamation

WorkPac Pty Ltd v Rossato & Ors

Industrial Law

7: Cases Not Proceeding or Vacated

Case

Title

Miller v The Queen

Criminal Law

8: Special Leave Refused

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the December 2020 sittings.

Constitutional Law

Gerner & Anor v The State of Victoria

M104/2020: [2020] HCA 48

Pronouncement of orders: 6 November 2020

Reasons published: 10 December 2020

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

Catchwords:

Constitutional law (Cth) – Implications from Constitution – Where directions made under s 200(1)(b) and (d) of Public Health and Wellbeing Act 2008 (Vic) restricted movement of persons within Victoria – Where plaintiffs sought declarations that directions and s 200(1)(b) and (d) of Public Health and Wellbeing Act were invalid as an infringement of a freedom to move wherever one wishes for whatever reason ("freedom of movement") said to be implicit in Constitution – Where defendant demurred on ground that Constitution did not imply freedom of movement – Whether freedom of movement implicit in federal structure of Constitution –…

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Details
Case
[2020] HCAB 10
Decision Date

CaseChat Overview and Summary

The High Court of Australia has delivered judgments in several cases, including Gerner & Anor v The State of Victoria, which dealt with the constitutionality of certain directions made under the Public Health and Wellbeing Act 2008 (Vic) that restricted the movement of persons within Victoria. The plaintiffs sought declarations that the directions and the relevant sections of the Act were invalid as they infringed a freedom to move said to be implicit in the Constitution. The court held that the demurrer was allowed with costs, finding that the Constitution did not imply a freedom of movement. In Peniamina v The Queen, the court allowed an appeal, holding that the exclusion of the defence of provocation in cases of unlawful killing of an accused's domestic partner was confined to cases where the conduct of the deceased relied upon as causative of the accused's loss of self-control consists of a thing done, or believed to have been done, by the deceased to change the relationship. In Roy v O’Neill, the court dismissed an appeal, holding that the evidence of a breath test was lawfully obtained and that the police did not trespass. In Clayton v Bant, the court allowed an appeal, holding that the ruling of the Dubai Court did not preclude the wife from pursuing property settlement and spousal maintenance proceedings against the husband in the Family Court by reason of res judicata, cause of action estoppel and/or Anshun estoppel.

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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