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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 –…

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

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