High Court Bulletin
[2020] HCAB 8
High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2020] HCAB 8 (20 October 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 |
| Northern Land Council & Anor v Quall & Anor | Aboriginal and Torres Strait Islander Peoples |
| The Queen v Abdirahman-Khalif | Criminal Law |
| Hsiao v Fazarri | Family Law |
| ABT17 v Minister for Immigration and Border Protection & Anor | Immigration |
| AUS17 v Minister for Immigration and Border Protection & Anor | Immigration |
3: Cases Reserved
| Case | Title |
| Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd & Ors | Administrative Law |
| Westpac Securities Administration Ltd & Anor v Australian Securities and Investments Commission | Corporations |
| Peniamina v The Queen | Criminal Law |
| Minister for Home Affairs v DUA16 & Anor; Minister for Home Affairs v CHK16 & Anor | Migration Law |
4: Original Jurisdiction
| Case | Title |
| Gerner & Anor v The State of Victoria | Constitutional Law |
5: Section 40 Removal
6: Special Leave Granted
| Case | Title |
| Sunland Group Limited & Anor v Gold Coast City Council | Administrative Law |
| Namoa v The Queen | Criminal Law |
| BNB17 v Minister for Immigration and Border Protection & Anor | Migration Law |
| Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft | Migration Law |
| Talacko v Talacko & Ors; Talacko v Bennett & Ors; Talacko v Talacko & Ors | Torts |
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 September 2020 sittings.
Aboriginal and Torres Strait Islander Peoples
Northern Land Council & Anor v Quall & Anor
D21/2019: [2020] HCA 33
Judgment delivered: 7 October 2020
Coram: Kiefel CJ, Gageler, Keane, Nettle and Edelman JJ
Catchwords:
Aboriginal and Torres Strait Islander peoples
– Native title – Representative Aboriginal/Torres Strait Islander bodies – Indigenous land use agreements ("ILUAs") – Where s 203BE(1)(b) of Native Title Act 1993 (Cth) confers on representative body function of certifying applications for registration of ILUAs – Where s 203BE(5) prohibits representative body from certifying application for registration of ILUA unless satisfied that all reasonable efforts made to ensure all persons who hold or may hold native title have been identified and authorised making of agreement – Where s 27(1) of Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) provides that a Land Council may do all things necessary or convenient to be done for or in connection with performance of its functions – Where Northern Land Council ("NLC") a representative body – Where CEO of NLC signed certificate purportedly as delegate of NLC certifying application for registration of ILUA and stating NLC satisfied that identification and authorisation requirements met – Whether certification function conferred by s 203BE(1)(b) capable of delegation by NLC to CEO – Whether CEO can perform certification function conferred by s 203BE(1)(b) as agent of NLC.
– "Aboriginal and Torres Strait Islander peoples", "agency", "agent", "authorised", "body corporate", "certification", "certification function", "delegability", "delegable", "delegate", "delegation", "identified", "indigenous land use agreement", "Land Council", "native title", "natural person", "necessary or convenient", "power of delegation", "representative Aboriginal/Torres Strait Islander body", "representative body".
– ss 27, 28.
– ss 34A, 34AB.
Words and phrases
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
Acts Interpretation Act 1901 (Cth)
Native Title Act 1993 (Cth)– ss 203BE, 203BK, 203FH.
Appealed from FCA (FC): [2019] FCAFC 77; (2019) 268 FCR 228; (2019) 367 ALR 216; (2019) 164 ALD 63
Appealed from FCA (FC): [2019] FCAFC 101
Held: Appeal allowed; costs to be borne in accordance with undertakings.
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Criminal Law
The Queen v Abdirahman-Khalif
A5/2020: [2020] HCA 36
Judgment delivered: 14 October 2020
Coram: Bell, Gageler, Keane, Nettle and Gordon JJ
Catchwords:
Criminal law (Cth) – Terrorism – Membership of terrorist organisation – Where respondent convicted of offence of intentionally being member of terrorist organisation contrary to s 102.3(1) of Criminal Code (Cth) – Where s 102.1 provided "member" of terrorist organisation includes person who has taken steps to become member of organisation – Where respondent detained attempting to travel to Turkey – Where respondent's seized electronic devices contained extremist material produced by and expressing support for Islamic State – Where respondent accessed websites containing practical advice for women travelling to Islamic State-controlled territory – Where expert evidence adduced at trial as to nature, aims and ideology of Islamic State – Where conviction quashed on appeal – Whether Crown required to adduce evidence of process by which Islamic State recruited, inducted and accepted members – Whether trial judge misdirected jury as to physical and mental elements of offence – Whether summing up unbalanced.
Words and phrases– "absence of a constitution or rules of membership", "criteria of membership", "elements of the offence", "Islamic State", "member of a terrorist organisation", "membership process", "nature of terrorist organisations", "organisation", "physical and mental elements", "preparatory or anticipatory acts", "proof of membership", "steps to become a member", "terrorism", "terrorist act", "terrorist organisation", "unbalanced summing up".
– ss 100.1, 102.1, 102.3.
Criminal Code (Cth)
Appealed from SASC (CCA): [2019] SASCFC 133
Held: Appeal allowed.
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Family Law
Hsiao v Fazarri
M137/2019: [2020] HCA 35
Judgment delivered: 14 October 2020
Coram: Kiefel CJ, Bell, Keane, Nettle and Gordon JJ
Catchwords:
Family law
– Property settlements – Where respondent husband made gift to appellant wife of ten per cent interest in residential dwelling ("the property") – Where respondent subsequently signed transfer of land giving appellant further 40 per cent interest in the property – Where parties registered as joint tenants then executed deed of gift providing for payment to appellant's siblings if appellant predeceased respondent while they remained joint tenants – Where parties subsequently married then separated after 23 days – Where each party sought orders under s 79(1) of Family Law Act 1975 (Cth) altering interests in property of marriage ("property settlement orders") – Where appellant did not appear at trial so matter proceeded as undefended hearing – Whether primary judge failed to take existing legal and equitable interests of parties into account for purposes of s 79(1) of Family Law Act – Whether primary judge's approach to deed of gift amounted to failure to take material consideration into account – Whether open to primary judge to determine that making of property settlement orders was just and equitable – Whether open to primary judge to assess that appellant made ten per cent financial contribution to acquisition of the property – Whether Full Court of the Family Court of Australia erred in refusing to exercise discretion conferred by s 93A(2) of Family Law Act to receive further evidence on appeal.
– "affirmation", "deed of gift", "demands of justice", "duress", "finality", "financial contribution", "further evidence on appeal", "joint tenants", "just and equitable", "malpractice", "pressure", "property settlement order", "ratification", "unconscionable conduct", "undue influence", "voidable".
– ss 75(2), 79, 93A(2), 94(1).
– rr 1.04, 1.08.
Words and phrases
Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)
Appealed from FamCA (FC): [2019] FamCAFC 37
Held: Appeal dismissed with costs.
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Immigration
ABT17 v Minister for Immigration and Border Protection & Anor
M140/2019: [2020] HCA 34
Judgment delivered: 14 October 2020
Coram: Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Catchwords:
Immigration
– Refugees – Application for protection visa – Immigration Assessment Authority ("IAA") – Review by IAA under Pt 7AA of Migration Act 1958 (Cth) – Where delegate of Minister for Immigration and Border Protection ("Minister") refused to grant appellant temporary protection visa – Where delegate accepted appellant's account as plausible, but found appellant did not hold well-founded fear of persecution based on country information – Where delegate's decision referred to IAA for review – Where IAA affirmed delegate's decision – Where IAA departed from delegate's assessment of appellant's credibility – Where under s 473DB IAA generally required to review fast track reviewable decision by considering review material, and without accepting new information or interviewing applicant – Where under s 473DC IAA may get new information not before Minister and that IAA considers may be relevant, including by inviting applicant to interview – Where under s 473DD IAA must not consider new information unless satisfied there are exceptional circumstances, and that new information was not and could not have been before Minister or is credible personal information – Whether legally unreasonable for IAA to depart from delegate's assessment of appellant's credibility without inviting appellant to interview – Whether appellant's demeanour "new information" within meaning of s 473DC – Whether failure to invite appellant to interview was material to IAA's decision.
– "credibility", "de novo review", "demeanour", "fast track reviewable decision", "Immigration Assessment Authority", "informational gap", "interview", "legal unreasonableness", "material", "materiality", "new information", "review material", "temporary protection visa".
– Pt 7AA, ss 473DB, 473DC, 473DD.
Words and phrases
Migration Act 1958 (Cth)
Appealed from FCA: [2019] FCA 613
Held: Appeal allowed with costs.
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AUS17 v Minister for Immigration and Border Protection & Anor
S71/2020: [2020] HCA 37
Judgment delivered: 14 October 2020
Coram: Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ
Catchwords:
Immigration
– Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where delegate of Minister for Immigration and Border Protection refused to grant appellant protection visa – Where decision referred to Authority for review – Where appellant's representative supplied Authority with further materials including letter of support from third party which post-dated delegate's decision – Where Authority considered the letter was "new information" but concluded it was not able to be considered under s 473DD – Where Authority assessed new information against criteria in ss 473DD(b)(i) and 473DD(a) but not s 473DD(b)(ii) – Whether s 473DD requires Authority to consider criteria in ss 473DD(b)(i) and 473DD(b)(ii) before considering criterion in s 473DD(a).
– "credible personal information", "exceptional circumstances", "fast track reviewable decision", "Immigration Assessment Authority", "mandatory relevant consideration", "new information", "referred applicant".
– Pt 7AA.
Words and phrases
Migration Act 1958 (Cth)
Appealed from FCA: [2019] FCA 1686; (2019) 167 ALD 313
Held: Appeal allowed with costs.
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3: Cases Reserved
The following cases have been reserved or part heard by the High Court of Australia.
Administrative Law
Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd & Ors
B34/2020: [2020] HCATrans 154
Date heard: 6 October 2020
Coram: Kiefel CJ, Bell, Gageler, Keane and Edelman JJ
Catchwords:
Administrative law – Apprehended bias – Relief – Jurisdiction of inferior courts – Where first respondent applied for two mining leases and to amend existing environmental authority – Where appellant lodged objections to applications – Where Land Court of Queensland rejected applications – Where first respondent sought judicial review of Land Court’s decision, urging grounds that included apprehended bias and errors in relation to groundwater issues – Where Queensland Supreme Court rejected bias grounds but accepted groundwater grounds and remitted issues relating to groundwater to Land Court for redetermination, holding that Land Court bound by original findings and conclusions on questions other than groundwater issues – Where appellant appealed against remittal orders and first respondent cross-appealed on apprehended bias issue – Where Land Court, differently constituted, proceeded with hearing in accordance with remittal orders despite pending appeal, and recommended that applications should be approved – Where Court of Appeal subsequently dismissed appeal on groundwater issues but allowed cross-appeal on apprehended bias – Where despite allowing cross-appeal and making declaration that Land Court’s original decision affected by want of procedural fairness, Court of Appeal did not set aside remittal orders – Whether in circumstances where reviewing court concludes decision of inferior court affected by reasonable apprehension of bias, reviewing court can refuse to set aside decision below and order new trial either at all, in the absence of exceptional circumstances, or on the basis of futility – Whether order of superior court requiring inferior court to proceed in certain way can augment jurisdiction of inferior court so as to validate decision of inferior court that would otherwise be nullity.
Appealed from QSC (CA): [2019] QCA 184; (2019) 2 QR 271
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Corporations
Westpac Securities Administration Ltd & Anor v Australian Securities and Investments Commission
S69/2020: [2020] HCATrans 155; [2020] HCATrans 157
Dates heard: 7-8 October 2020
Coram: Kiefel CJ, Bell, Gageler, Keane and Gordon JJ
Catchwords:
Corporations – Financial product advice – Corporations Act 2001 (Cth) s 766B(3)(b) – Distinction between personal advice and general advice – Where bank customers received letters or emails highlighting benefits of consolidating superannuation and offering to conduct free search to identify superannuation accounts that customers may have held with other providers – Where representative of bank then called customers, providing them with any relevant search results and offering to roll over superannuation accounts into their account with bank – Where Full Court of Federal Court held that bank provided financial product advice (within meaning of s 766B(1) of Corporations Act) to customers – Whether that financial product advice was personal advice – Whether objective limb of definition of “personal advice” in s 766B(3)(b) depends on whether reasonable person might expect that advice provider had in fact considered recipient’s personal circumstances or that advice provider should have considered those circumstances – Whether consideration of recipient’s personal circumstances (within meaning of s 766B(3)(b)) requires advice provider to engage with and evaluate those circumstances in formulating advice – Extent to which a recipient’s “objectives, financial situation and needs” must be considered by advice provider for advice to be personal advice.
Appealed from FCA (FC): [2019] FCAFC 187; (2019) 272 FCR 170; (2019) 373 ALR 455; (2019) 141 ACSR 1
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Criminal Law
GBF v The Queen
B18/2020: [2020] HCATrans 140
Date heard: 10 September 2020
Coram: Kiefel CJ, Bell, Keane, Gordon and Edelman JJ
Catchwords:
Criminal law – Right to silence – Presumption of innocence – Where trial judge said to jury that lack of sworn evidence from appellant contradicting complainant’s evidence might “make it easier” to assess complainant’s credibility – Where appellant subsequently convicted – Where Queensland Court of Appeal held that trial judge’s statement was error but did not occasion miscarriage of justice where no redirection sought and where other contrary directions given – Whether statement to jury that undermines right to silence and presumption of innocence can be held to not amount to miscarriage of justice.
Appealed from QCA (CA): [2019] QCA 4
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Peniamina v The Queen
B32/2020: [2020] HCATrans 165
Date heard: 15 October 2020
Coram: Bell, Gageler, Keane, Gordon and Edelman JJ
Catchwords:
Criminal law – Defences – Provocation – Criminal Code (Qld) s 304 – Where applicant charged with murdering his wife – Where applicant pleaded not guilty to murder but guilty to manslaughter on basis of provocation – Where applicant bore onus of proving provocation – Where jury convicted applicant of murder – Where Court of Appeal held by majority that jury had not been misdirected as to provocation and dismissed applicant’s appeal against conviction – Whether operation of s 304(3)(c) confined to provocative conduct identified by applicant as causing loss of self-control, or whether jury may also consider other conduct.
Appealed from QSC (CA): [2019] QCA 273
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Evidence
Roy v O’Neill
D2/2020: [2020] HCATrans 135
Date heard: 8 September 2020
Coram: Kiefel CJ, Bell, Gageler, Keane and Edelman JJ
Catchwords:
Evidence – Admissibility of evidence obtained in course of “pro-active” policing of compliance with Domestic Violence Order – Whether common law recognises implied license permitting all people, including police, to attend upon unobstructed private property as far as front door and to knock on front door for purpose of lawful communication, such licence only being excluded where attendee otherwise has unlawful purpose – How to ascertain existence and scope of any implied licence at common law in favour of person who attends on unobstructed private property only so far as front door – Nature of relationship between common law doctrines of implied licence and police powers to prevent breach of peace.
Appealed from NTSC (CA): [2019] NTCA 8; (2019) 345 FLR 29
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Family Law
Clayton v Bant
B21/2020: [2020] HCATrans 137
Date heard: 9 September 2020
Coram: Kiefel CJ, Bell, Gageler, Gordon and Edelman JJ
Catchwords:
Family law – Foreign divorce – Res judicata – Where respondent obtained fault-based divorce from Dubai court with orders that appellant repay him marriage dowry – Where appellant sought orders in Australia concerning property interests and spousal maintenance under Family Law Act 1975 (Cth) – Whether foreign divorce precluded prosecution of those proceedings on basis that Dubai court finally determined relevant causes of action between the parties.
Appealed from FamCA (FC): [2019] FamCAFC 200; (2019) 60 Fam LR 152
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Intellectual Property
Calidad Pty Ltd & Ors v Seiko Epson Corporation & Anor
S329/2019: [2020] HCATrans 106; [2020] HCATrans 107
Dates heard: 11-12 August 2020
Coram: Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Catchwords:
Intellectual property – Patents – Implied licence – Where Calidad imports and sells printer cartridges modified by third party – Where Seiko Epson claims its two patents infringed by Calidad’s conduct – Whether Full Court erred in finding infringement – Whether modifications made to printer cartridges resulted in making of "new" printer cartridges embodying invention as claimed in claim 1 of each patent – Whether Full Court erred in failing to have regard to substance of invention claimed in claim 1 of each patent or to direct attention to whether modifications constituted material changes to claimed features of invention – Whether conduct was within scope of any implied licence arising upon unrestricted first sale by patentee of printer cartridges or otherwise involved permissible repair or modification of those printer cartridges – Whether patentee’s rights under s 13 of Patents Act 1990 (Cth) exhausted in respect of printer cartridges at time of first sale.
Appealed from FCA (FC): [2019] FCAFC 115; (2019) 270 FCR 572; (2019) 370 ALR 563; (2019) 142 IPR 381
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Migration Law
Minister for Home Affairs v DUA16 & Anor; Minister for Home Affairs v CHK16 & Anor
M57/2020; M58/2020: [2020] HCATrans 164
Date heard: 14 October 2020
Coram: Kiefel CJ, Bell, Keane, Gordon and Edelman JJ
Catchwords:
Migration law – Third party fraud – Where migration agent (“Agent”) acting for each of respondents provided “submissions” to Immigration Assessment Authority (“IAA”) on their behalf – Where “submissions” pro forma and contained information that did not relate to respondents – Where there was no evidence that respondents had asked Agent to make particular “submissions” to IAA, nor evidence that either respondent wanted to provide “new information” to IAA – Where Full Court of Federal Court held that Agent engaged in fraudulent conduct and dismissed appeal from decision of Federal Circuit Court to quash IAA’s decisions in respondents’ cases on ground that they were stultified by Agent’s fraud – Whether Agent’s fraudulent conduct in how respondents’ cases put to IAA stultified, disabled, or subverted IAA’s review of Minister’s delegate’s decision – Status and significance of “submissions” in assessing effect of fraudulent conduct on IAA’s review processes.
Appealed from FCA (FC): [2019] FCAFC 221; (2019) 273 FCR 213
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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
M27/2020; M28/2020; M29/2020; M30/2020: [2020] HCATrans 127
Date heard: 1 September 2020
Coram: Kiefel CJ, Bell, Gageler, Keane and Gordon JJ
Catchwords:
Migration law – Regional processing – Jurisdiction of Federal Court of Australia – Where respondents commenced proceedings against Commonwealth – Where s 494AB of Migration Act 1958 (Cth) barred certain proceedings relating to “transitory persons” from being instituted or continued in any court other than High Court – Whether proceedings were, for purposes of s 494AB(1)(ca), proceedings “relating to the performance or exercise of a function” under s 198AHA(2) in relation to a transitory person – Whether proceedings were, for purposes of s 494AB(1)(a), proceedings relating to exercise of powers under s 198B of Act – Whether proceedings were, for purposes of s 494AB(1)(d), proceedings relating to removal of a transitory person from Australia under the Act.
Appealed from FCA (FC): [2019] FCAFC 148; (2019) 271 FCR 254
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Real Property
Deguisa & Anor v Lynn & Ors
A4/2020: [2020] HCATrans 128
Date heard: 2 September 2020
Coram: Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ
Catchwords:
Real property – Torrens title – Restrictive covenants – Where appellants registered proprietors of Lot 3 and have planning development approval to demolish house on Lot 3, subdivide lot, and build two single story dwellings – Where respondents executors of estate of Mrs Fielder who was party to original Memorandum of Encumbrance containing restrictive covenants subject of proceedings – Where third respondent owns two properties near Lot 3 – Where respondents contended that Lot 3 and 53 other lots were created from earlier subdivision and sold in accordance with building scheme such that restrictive covenants enforceable to prevent appellants from developing Lot 3 as they wish to – Whether there exists “governing principle” to effect that what is “notified” to prospective purchaser by vendor’s certificate of title is everything that would have come to their knowledge if prudent conveyancer had made such searches as ought reasonably to have been made based on what appears on certificate of title – Whether approach taken by majority of Full Court of Supreme Court of South Australia in decision under appeal to ascertaining whether subsequent purchaser of Torrens system land bound by restrictive covenant conflicts with approach taken in Burke v Yurilla (1991) 56 SASR 382 – Whether purchaser of land under Torrens system obliged to search other titles for evidence of land being subject of building scheme if note made on encumbrance form that the “encumbrance forms portion of a common building scheme” but where land or lots involved in building scheme not indicated.
Appealed from SASC (FC): [2019] SASCFC 107
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4: Original Jurisdiction
The following cases are ready for hearing in the original jurisdiction of the High Court of Australia.
Constitutional Law
Gerner & Anor v The State of Victoria
M104/2020: [2020] HCATrans 172
Catchwords:
Constitutional law – Validity of legislative instruments – Public Health and Wellbeing Act 2008 (Vic) (“Act”), sub-ss 200(1)(b), (d) – Directions made under sub-ss 200(1)(b), (d) – Where Directions made under Act purported to authorise lockdown in Victoria – Where first plaintiff is resident of Victoria restrained from moving freely within that State by Directions – Where second plaintiff is restaurant business in Victoria owned and managed by first plaintiff – Where first plaintiff and employees and customers of second plaintiff have been restricted from visiting second plaintiff’s premises, with adverse consequences for second plaintiff’s business – Whether sub-ss 200(1)(b), (d) and/or Directions made under those provisions are invalid because they impermissibly burden an implied freedom of movement said to be contained in the Constitution (Cth).
Demurrer referred for consideration by Full Court on 20 October 2020.
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LibertyWorks Inc v Commonwealth of Australia
S10/2020: [2020] HCATrans 116
Catchwords:
Constitutional law – Validity of legislation – Foreign Influence Transparency Scheme Act 2018 (Cth) (“FITS Act”) – Where plaintiff is a not-for-profit think-tank incorporated in Queensland – Where in August 2019, plaintiff organised and held Conservative Political Action Conference in Sydney – Where US corporation, American Conservative Union (“ACU”), runs conference with same name in US, where ACU board members spoke at Sydney conference, and where ACU was advertised as “Think Tank Host Partners” for Sydney conference – Where plaintiff not registered under FITS Act – Where in October 2019, notice under s 45 of FITS Act issued to President of plaintiff, requiring plaintiff to provide certain information within specified period – Where s 59 of FITS Act provides for offence of failing to comply with s 45 notice within time – Where in November 2019, President of plaintiff replied to notice, refusing to provide requested information and disputing validity of notice – Whether terms, operation, or effect of FITS Act impermissibly burden implied freedom of political communication – Whether FITS Act contravenes s 92 of Constitution (Cth) by impermissibly burdening freedom of intercourse – Whether FITS Act supported by head of power in s 51 Constitution.
Special case referred for consideration by Full Court on 20 August 2020.
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Palmer & Anor v The State of Western Australia & Anor
B26/2020: [2020] HCATrans 138
Catchwords:
Constitutional law – Section 92 – Quarantine (Closing the Border) Directions (WA) (“Directions”) – Emergency Management Act 2005 (WA) (“Act”) – Where on 15 March 2020, pursuant to s 56 of Act, WA Minister for Emergency Services declared state of emergency over whole State of WA to address pandemic caused by COVID-19 – Where state of emergency continued and extended – Where on 5 April 2020, State Emergency Coordinator (second defendant) issued Directions, purportedly pursuant to ss 61, 67, 70 and 72A of Act – Where Directions prohibited entry to WA with limited exceptions for “exempt travellers” – Where Directions subsequently amended, but no change made to broad aim of implementing “hard border” policy – Where first plaintiff Chairman and Managing Director of second plaintiff – Where second plaintiff corporation holds interests in mining projects in WA, and has offices and staff in Brisbane and Perth – Where first plaintiff ordinarily resides in Queensland, but travels to WA often for business, social, charitable, and political purposes – Where first plaintiff unsuccessfully applied for “exempt traveller” status – Whether Directions and/or Act wholly or partly invalid on basis that they impermissibly infringe s 92 Constitution (Cth).
Special case referred for consideration by Full Court on 4 September 2020.
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5: Section 40 Removal
The following cases are ready for hearing in the original jurisdiction of the High Court of Australia.
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6: Special Leave Granted
The following cases have been granted special leave to appeal to the High Court of Australia.
Administrative Law
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 & Anor
P23/2020: [2020] HCATrans 66
Date heard: 29 May 2020 – Special leave granted.
Catchwords:
Administrative law – Procedural fairness – Where first respondent unsuccessfully applied for protection visa and where Administrative Appeals Tribunal affirmed refusal decision – Where first respondent sought judicial review of Tribunal’s decision in Federal Circuit Court (“FCC”) – Where first respondent appeared in person before FCC with assistance of translator – Where at conclusion of hearing FCC made orders dismissing application and gave ex tempore reasons – Where reasons for judgment published two months later after first respondent had instituted appeal to Federal Court – Where Federal Court allowed appeal on basis that first respondent denied procedural fairness by FCC and that there had therefore been no real exercise of judicial power in the circumstances – Where Federal Court considered that FCC’s review of Tribunal’s decision otherwise unaffected by error warranting appellate attention – Whether requirement of procedural fairness, either generally or in relation to courts, includes duty to provide reasons – If yes, whether such requirement extends to requiring reasons to be provided in particular manner and/or time – What is appropriate form of order for court conducting appeal by way of rehearing to make in circumstances where appellate court finds court below denied appellant procedural fairness and also considers decision under appeal correct.
Appealed from FCA: [2019] FCA 1951
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Sunland Group Limited & Anor v Gold Coast City Council
B64/2020: [2020] HCATrans 160
Date heard: 13 October 2020 – Special leave granted.
Catchwords:
Administrative law – Planning and environment – Development approvals – Where in 2015 second applicant bought parcel of undeveloped land which carried with it benefit of preliminary development approval granted in 2007 – Where preliminary approval approved multi-stage residential development subject to 56 conditions – Where some conditions provided for payment of infrastructure contributions to respondent – Where preliminary approval made under Integrated Planning Act 1997 (Qld) – Where Integrated Planning Act replaced by other legislation – Whether conditions concerning infrastructure contributions, properly construed, should be read as binding on applicant or landowner, or merely as statements as to scope of future possible conditions – Whether, in construction of conditions, contra proferentem rule applies so that ambiguities are to be resolved against approving authority.
Appealed from QSC (CA): [2020] QCA 89
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Civil Procedure
Victoria International Container Terminal Limited v Lunt & Ors
M96/2020: [2020] HCATrans 143
Date heard: 11 September 2020 – Special leave granted on limited ground.
Catchwords:
Civil procedure – Dismissal of proceedings – Abuse of process – Where Fair Work Commission approved enterprise agreement – Where first respondent sought order in nature of certiorari to quash Commission’s approval – Where applicant applied for dismissal of that proceeding on basis it was abuse of process – Where applicant contended that Construction, Forestry, Maritime, Mining and Energy Union (“CFMMEU”) was true moving party and proceeding had been brought in first respondent’s name to sidestep fact that CFMMEU’s predecessor union had acquiesced in enterprise agreement – Where primary judge acceded to applicant’s application and dismissed proceeding, finding CFMMEU was true moving party and first respondent was “front man” – Where appeal to Full Court of Federal Court allowed, and applicant’s application to have proceeding dismissed as abuse of process dismissed – Whether it would bring administration of justice into disrepute to allow CFMMEU, using “front man”, to challenge Commission’s approval of enterprise agreement while avoiding scrutiny of predecessor union’s acquiescence in that agreement.
Appealed from FCA (FC): [2020] FCAFC 40
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Wigmans v AMP Limited & Ors
S67/2020: [2020] HCATrans 52
Date heard: 17 April 2020 – Special leave granted.
Catchwords:
Civil procedure – Representative proceedings – Where multiple representative proceedings on foot against respondent in single forum – Where each plaintiff sought stay of proceedings commenced by other plaintiffs – Where primary judge applied multifactorial analysis to determine which proceeding should progress – Where NSW Court of Appeal dismissed appeal from primary judge’s decision – Whether Pt 10 of Civil Procedure Act 2005 (NSW) authorised approach taken by primary judge – Whether permissible for court faced with multiple open class actions conducted on basis of different funding models and with different incentives, disincentives and risk profiles to assume, without findings in evidence, that different proceedings equally likely to achieve possible settlement or judgment outcome within range of possible outcomes.
Appealed from NSWSC (CA): [2019] NSWCA 243; (2019) 373 ALR 323
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Contracts
Matthew Ward Price as Executor of the Estate of Alan Leslie Price (Deceased) & Ors v Christine Claire Spoor as Trustee & Ors
B55/2020: [2020] HCATrans 142
Date heard: 11 September 2020 – Special leave granted.
Catchwords:
Contracts – Statutory limitation periods – Exclusion by agreement – Where in 1998, two mortgages executed by deceased Mr A Price and second applicant, and deceased Mr J Price and third applicant in favour of Law Partners Mortgages Pty Ltd (“LPM”), securing $320,000 loan advanced by LPM to mortgagors – Where respondents are trustees of pension fund successor in title as mortgagee to LPM – Where by 30 April 2001, only $50,000 of principal repaid and where no repayments made after that date – Where respondents commenced proceedings in 2017, claiming $4,014,969.22 and recovery of possession of mortgaged land – Where proceedings commenced outside of statutory bars in Limitation of Actions Act 1974 (Qld) – Where cl 24 of mortgages provided that “[t]he Mortgagor covenants with the Mortgage[e] that the provisions of all statutes now or hereafter in force whereby or in consequence whereof any o[r] all of the powers rights and remedies of the Mortgagee and the obligations of the Mortgagor hereunder may be curtailed, suspended, postponed, defeated or extinguished shall not apply hereto and are expressly excluded insofar as this can lawfully done” – Whether agreement not to plead or to rely on provisions of Limitation of Actions Act made at time of entry into loan contract and before accrual of cause of action unenforceable on public policy grounds – Whether, on proper construction of cl 24, applicants entitled to plead defence under Limitation of Actions Act – Whether operation of s 24 of Limitation of Actions Act can be excluded by agreement – Whether, on proper construction, terms of cl 24 are ambiguous – If cl 24 enforceable, whether breach of cl 24 could sound in any remedy other than claim for damages for breach of warranty.
Appealed from QSC (CA): [2019] QCA 297
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Criminal Law
Bell v The Queen
H2/2020: [2020] HCATrans 77
Date heard: 5 June 2020 – Special leave granted.
Catchwords:
Criminal law – Defences – Honest and reasonable mistake – Where applicant charged with one count of rape and one count of supply of controlled drug to child – Where trial judge left defence of honest and reasonable mistake as to age in relation to rape charge – Where counsel for applicant requested similar direction in respect of supply charge – Where trial judge refused to make such direction on basis that defence of honest and reasonable mistake as to age would not relieve applicant of criminal responsibility with respect to supply charge – Where jury convicted applicant of supply charge but could not reach verdict on rape or alternative charge of sexual intercourse with person under age of 17 – Where at retrial of sexual offence jury found applicant not guilty of rape but convicted on alternative charge – Where Court of Criminal Appeal upheld trial judge’s decision that defence of honest and reasonable mistake as to age not available in relation to supply charge – Whether defence of honest and reasonable mistake of fact only available where its successful use would lead to defendant not being guilty of any crime.
Appealed from TASSC (CCA): [2019] TASCCA 19; (2019) 279 A Crim R 553
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Miller v The Queen
A19/2020: [2020] HCATrans 111
Date heard: 14 August 2020 – Special leave granted.
Catchwords:
Criminal law – Provocation – Where appellant charged with murder and tried before judge and jury – Where self-defence left to jury, but not provocation – Where appellant convicted of murder – Where on appeal to Court of Criminal Appeal (“CCA”), appellant contended provocation should have been left to jury – Where CCA dismissed appeal – Whether CCA erred by conflating question of whether there was evidence raising provocation with question of whether applicant should have been acquitted of murder on account of provocation – Whether there was evidence before jury which might reasonably have led jury to consider provocation established.
Appealed from SASCFC (CCA): [2019] SASCFC 91; (2019) 134 SASR 155
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Namoa v The Queen
S68/2020: [2020] HCATrans 163
Date heard: 13 October 2020 – Special leave granted.
Catchwords:
Criminal law – Conspiracy between married persons – Relationship between common law and Schedule (“Criminal Code”) to Criminal Code Act1995 (Cth) – Where applicant tried jointly with another on one count of conspiring to do acts in preparation for terrorist act or acts, contrary to ss 11.5 and 101.6 of Criminal Code – Where prior to trial, trial judge rejected application for permanent stay on basis that applicant and co-accused were married – Where applicant and co-accused convicted – Where NSW Court of Criminal Appeal (“CCA”) dismissed appeal against conviction – Whether immediately prior to enactment of Criminal Code, it was part of common law of Australia that married persons could not commit criminal conspiracy – If so, whether that principle remains part of common law – Whether CCA entitled to depart from Privy Council decisions on principles of common law which preceded passage of Australia Acts in 1986 – Whether Criminal Code expressly or impliedly ousts common law rule as to conspiracy between married persons.
Appealed from NSWSC (CCA): [2020] NSWCCA 62; (2020) 351 FLR 266
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Evidence
Davidson v The Queen
B6/2020: [2020] HCATrans 141
Date heard: 11 September 2020 – Application for special leave and for extension of time referred to Full Court.
Catchwords:
Evidence – Similar fact evidence – Common law approach – Where applicant was massage therapist – Where applicant charged with counts of sexual assault and rape committed against ten complainant clients – Where prosecution sought to lead similar fact evidence – Where applicant unsuccessfully sought to have separate trials ordered on rape counts on basis that evidence relied upon as similar fact evidence not cross-admissible on other counts – Where following jury trial, applicant convicted of 18 counts of sexual assault and one count of rape – Whether joint trial of sexual assault and rape counts occasioned miscarriage of justice – Whether majority of Court of Appeal effectively lowered threshold for admission of similar fact evidence at common law.
Appealed from QSC (CA): [2019] QCA 120
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Migration Law
BNB17 v Minister for Immigration and Border Protection & Anor
M109/2020: [2020] HCATrans 156
Date determined: 8 October 2020 – Special leave granted.
Catchwords:
Migration law – Fast track review process – Migration Act 1958 (Cth) Pt 7AA – Where applicant applied for Safe Haven Enterprise Visa on basis that he feared serious or significant harm due to imputed support for Liberation Tigers of Tamil Eelam – Where Minister’s delegate refused application – Where applicant contended interview conducted by delegate affected by material translation errors – Where, on review, Immigration Assessment Authority (“IAA”) affirmed delegate’s decision – Where Federal Circuit Court dismissed application for judicial review – Where appeal to Federal Court dismissed – Whether alleged translation errors in initial interview had consequence that IAA could not perform its function of considering “review material” – Whether, when on notice of alleged translation errors, it was legally unreasonable for IAA to fail to mould its procedures to cure effect of alleged errors by using power in s 473DC to get new information or taking any other step – Whether, when on notice of alleged translation errors, it was legally unreasonable for IAA to make adverse credibility findings relying on aspects of applicant’s evidence allegedly affected by errors.
Appealed from FCA: [2020] FCA 304
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DQU16 & Ors v Minister for Home Affairs & Anor
S169/2020: [2020] HCATrans 136
Date determined: 9 September 2020 – Special leave granted.
Catchwords:
Migration law – Complementary protection – Where first applicant had worked as alcohol distributor in Iraq and claimed he would be targeted for doing so if he returned to Iraq – Where applications for temporary protection visas refused by Minister’s delegate – Where Immigration Assessment Authority (“IAA”) affirmed delegate’s decision finding first applicant could take reasonable step of not selling alcohol to avoid real chance of persecution in Iraq – Whether principles in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 applicable in considering complementary protection criterion in s 36(2)(aa) of Migration Act 1958 (Cth) – Whether, in determining complementary protection claims, IAA may rely on finding made in relation to claim for refugee status as to future changes in applicant’s behaviour without addressing reason for intended changed conduct.
Appealed from FCA: [2020] FCA 518
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DVO16 v Minister for Immigration and Border Protection & Anor
S66/2020: [2020] HCATrans 51
Date heard: 17 April 2020 – Special leave granted.
Catchwords:
Migration law – Fast track review process – Migration Act 1958 (Cth) Pt 7AA – Where appellant applied for temporary protection visa – Where Minister’s delegate conducted interview with appellant – Where translation errors and omissions occurred in interview – Where Minister’s delegate refused application – Where, relying on material obtained in interview, Immigration Assessment Authority (“IAA”) reviewed delegate’s decision – Where IAA affirmed delegate’s decision – Whether, in circumstances where material translation error occurred in delegate’s interview and IAA relies on material obtained in interview in reviewing delegate’s decision under Pt 7AA, IAA needs to have actual or constructive knowledge of translation error for jurisdictional error to arise.
Appealed from FCA (FC): [2019] FCAFC 157; (2019) 271 FCR 342
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Minister for Immigration and Border Protection v EFX17
B43/2020: [2020] HCATrans 93
Date heard: 3 July 2020 – Special leave granted on limited grounds.
Catchwords:
Migration law – Visa cancellation – Character test – Migration Act 1958 (Cth) ss 496, 501, 501CA – Notice of cancellation – Where Minister’s delegate made decision under s 501(3A) to cancel respondent’s protection visa while respondent serving sentence of imprisonment – Where pursuant to duties in s 501CA(3) Minister caused to be given to respondent written notice containing notification of cancellation decision, relevant information as to reason for decision, and invitation to make representations about revocation of cancellation decision – Where notice given to respondent by officer of Queensland Corrective Services – Where respondent commenced proceedings in Federal Circuit Court challenging validity of notice – Where Circuit Court dismissed challenge – Where appeal to Full Court of Federal Court allowed by majority – Whether Minister, in performing duties under s 501CA(3), must have regard to matters relating to former visa holder’s capacity, including literacy, capacity to understand English, mental capacity and health, and facilities available to them in custody – Whether fulfilment of duties in s 501CA(3) dependent on former visa holder’s ability to comprehend notice, particulars, and invitation to make representations – Whether valid performance of duties in s 501CA(3) conditional on person performing them holding delegated authority under s 496(1) or whether s 497 applicable.
Appealed from FCA (FC): [2019] FCAFC 230; (2019) 273 FCR 508; (2019) 374 ALR 272; (2019) 167 ALD 225
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Minister for Immigration and Border Protection v Makasa
S103/2020: [2020] HCATrans 81
Date determined: 12 June 2020 – Special leave granted.
Catchwords:
Migration law – Visa cancellation – Character test – Substantial criminal record – Where Minister’s delegate cancelled respondent’s visa on character grounds – Where Administrative Appeals Tribunal (“AAT”) set aside delegate’s decision and decided not to cancel visa – Where Minister subsequently personally purported to cancel respondent’s visa – Whether the Minister can re-exercise discretion conferred by s 501(2) of Migration Act 1958 (Cth) to cancel person’s visa where AAT has previously set aside Minister’s delegate’s earlier decision to cancel visa under s 501(2) – If yes, whether Minister can rely on same offences (going to whether person has substantial criminal record for purposes of character test) to enliven discretion in s 501(2) as AAT relied upon when reviewing delegate’s decision.
Appealed from FCA (FC): [2020] FCAFC 22; (2020) 376 ALR 191
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Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft
B17/2020: [2020] HCATrans 166
Date heard: 16 October 2020 – Special leave granted.
Catchwords:
Migration law – Removal and deportation – Where s 5(1) of Migration Act 1958 (Cth) relevantly provided that person who had “been removed or deported from Australia or removed or deported from another country” was “behaviour concern non-citizen” – Where respondent held special category visa – Where that visa purportedly cancelled, and respondent detained and removed from Australia to New Zealand – Where, by consent, Federal Circuit Court quashed cancellation decision – Where respondent returned to Australia and was interviewed by Minister’s delegate at airport on arrival – Where delegate asked whether she had ever been removed, deported, or excluded from any country, including Australia – Where respondent answered yes, and explained circumstances of earlier removal – Where delegate refused to grant respondent special category visa, not being satisfied that the respondent had not been “removed … from Australia” within meaning of definition of “behaviour concern non-citizen” – Where Federal Circuit Court dismissed respondent’s application for judicial review of delegate’s decision – Where Federal Court allowed appeal from Circuit Court’s decision – Whether “removed or deported from” means taken out of some country by or on behalf of government of that country in fact, or whether it means being taken out of some country validly or lawfully, or whether it bears different meanings in same section, namely, valid or lawful removal or deportation in case of ejection from Australia, and removal or deportation in fact in case of other countries.
Appealed from FCA: [2020] FCA 382
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MZAPC v Minister for Immigration and Border Protection & Anor
M77/2020: [2020] HCATrans 113
Date heard: 14 August 2020 – Special leave granted.
Catchwords:
Migration law – Procedural fairness – Materiality – Where appellant applied for protection visa – Where appellant’s criminal record and related material provided to Administrative Appeals Tribunal (“AAT”) by first respondent without appellant’s knowledge – Where certificate under s 438 of Migration Act1958 (Cth) issued in relation to criminal record and related material and appellant not notified of certificate – Where criminal record disclosed history of serious traffic offences – Where AAT affirmed delegate’s decision to refuse visa application – Where appeal to Federal Circuit Court dismissed – Where appeal to Federal Court dismissed – Where common ground that failure to notify appellant of certificate constituted denial of procedural fairness – Whether, when considering materiality of denial of procedural fairness occasioned by failure to notify appellant of s 438 certificate, appellant bore onus of rebutting presumption that AAT did not rely on documents subject to certificate and had to prove that documents had been taken into account by AAT – Whether Federal Court erred in finding that denial of procedural fairness immaterial on basis that offences disclosed in criminal record not rationally capable of impacting appellant’s credibility before AAT.
Appealed from FCA: [2019] FCA 2024
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Private International Law
Mackellar Mining Equipment Pty Ltd and Dramatic Investments Pty Ltd t/as Partnership 818 & Anor v Thornton & Ors
B56/2019: [2019] HCATrans 188
Date heard: 13 September 2019 – Special leave granted.
Catchwords:
Private international law – Restraint of foreign proceedings – Where plane crash in Queensland killed two pilots and 13 passengers – Where respondents, relatives of deceased, commenced proceedings against appellants in Missouri in May 2008 – Where appellants brought application in March 2017 in Queensland Supreme Court for permanent anti-suit injunction in respect of Missouri proceedings – Whether complete relief was available in Queensland proceedings and nothing additional could be gained in Missouri proceedings – Whether continuation of Missouri proceeding, after all foreign parties removed, was vexatious or oppressive or otherwise unconscionable within CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345.
Appealed from QSC (CA): [2019] QCA 77; (2019) 367 ALR 171
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Taxation
The Commissioner of Taxation for the Commonwealth of Australia v Travelex Limited
S116/2020: [2020] HCATrans 89
Date determined: 25 June 2020 – Special leave granted.
Catchwords:
Taxation – Overpayments – Interest – Where supplies which were GST-free wrongly included in Business Activity Statement – Where on 28 June 2012 Commissioner allocated credit of $149,020 to respondent’s Running Balance Account (“RBA”) and recorded “effective date” of allocation as 16 December 2009 – Whether Commissioner’s actions on 28 June 2012, even if made in error and unreflective of any entitlement under a taxation law on part of respondent, created obligation on part of Commissioner to refund “RBA surplus” within meaning of Pt IIB of Taxation Administration Act 1953 (Cth) and entitlement on part of respondent to interest under Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth).
Appealed from FCA (FC): [2020] FCAFC 10
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Torts
Talacko v Talacko & Ors; Talacko v Bennett & Ors; Talacko v Talacko & Ors
M8/2019; M9/2019; M10/2019: [2020] HCATrans 169
Date determined: 16 October 2020 – Special leave granted.
Catchwords:
Torts – Unlawful means conspiracy – Loss of chance – Where, in context of long dispute over properties in Prague, Slovakia, and Dresden, some of the respondents commenced proceedings in Supreme Court of Victoria alleging that applicant and members of her immediate family engaged in unlawful means conspiracy by executing donation agreements which purported to put certain interests in properties beyond reach of respondents – Where Supreme Court held that three of four elements of unlawful means conspiracy made out, but that pecuniary loss not established – Where Court of Appeal allowed appeal against that decision – Whether reduction in chance to recover judgment debt, where that debt may yet be recovered, can constitute pecuniary loss sufficient to complete cause of action – Whether expenses incurred by one party in foreign proceedings can constitute pecuniary loss sufficient to complete cause of action in circumstances where foreign proceedings ongoing and where foreign court may order that party to bear its own expenses.
Appealed from VSC: [2018] VSC 807
Appealed from VSC (CA): [2017] VSCA 163
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7: Cases Not Proceeding or Vacated
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8: Special Leave Refused
Publication of Reasons: 8 October 2020 (Melbourne)
| No. |
| Respondent | Court appealed from | Result |
| 1. | CRK16 | Minister for Home Affairs & Anor (M62/2020) | Federal Court of Australia [2020] FCA 743 | Application dismissed |
| 2. | Pierson | Romilly | Full Court of the Family Court of Australia | Application dismissed |
| 3. | SZULE & Anor | Minister for Immigration and Border Protection & Anor (S122/2020) | Federal Court of Australia [2019] FCA 2136 | Application dismissed |
| 4. | Braham | ACN 101 482 580 Pty Ltd (M52/2020) | Supreme Court of Victoria (Court of Appeal) [2020] VSCA 108 | Application dismissed |
| 5. | Chamoun | Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (S75/2020) | Full Court of the Federal Court of Australia [2020] FCAFC 66 | Application dismissed with costs |
| 6. | Kirby | Dental Council of New South Wales (S94/2020) | Supreme Court of New South Wales (Court of Appeal) [2020] NSWCA 91 | Application dismissed with costs |
| 7. | Rokt Pte Ltd | Commissioner of Patents (S101/2020) | Full Court of the Federal Court of Australia [2020] FCAFC 86 | Application dismissed with costs [2020] HCASL 202 |
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13 October 2020: Melbourne and by video-link to Brisbane
| No. | Applicant | Respondent | Court appealed from | Result |
| 1. | Tesic | The Queen (B20/2020) | Supreme Court of Queensland (Court of Appeal) [2019] QCA 195 | Application dismissed [2020] HCATrans 159 |
| 2. | Chaarani | The Queen (M43/2020) | Supreme Court of Victoria (Court of Appeal) [2020] VSCA 88 | Application dismissed [2020] HCATrans 161 |
| 3. | Moukhaiber | The Queen | Supreme Court of Victoria (Court of Appeal) [2020] VSCA 88 | Application dismissed [2020] HCATrans 161 |
| 4. | Feldman | Polaris Media Pty Ltd as trustee of the Polaris Media Trust trading as The Australian Jewish News & Anor | Supreme Court of New South Wales (Court of Appeal) [2020] NSWCA 56 | Application dismissed with costs [2020] HCATrans 162 |
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Publication of Reasons: 14 October 2020 (Canberra)
| No. |
| Respondent | Court appealed from | Result |
| 1. | Cabadas | Cabadas (B42/2020) | Family Court of Australia | Application dismissed |
| 2. | Poulos | Hacide P/L & Anor (S108/2020) | Supreme Court of New South Wales (Court of Appeal) [1991] NSWCA 134 | Application dismissed |
| 3. | Golden | V’Landys & Ors (S128/2020) | Supreme Court of | Application dismissed |
| 4. | Mendonca | Legal Services Commissioner (S142/2020) | Supreme Court of | Application dismissed |
| 5. | ANI15 | Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor (M63/2020) | Federal Court of Australia [2020] FCA 798 | Application dismissed |
| 6. | RC | The Queen (S93/2020) | Supreme Court of | Application dismissed |
| 7. | BYN16 & Ors | Minister for Immigration and Border Protection & Anor | Federal Court of Australia [2020] FCA 834 | Application dismissed |
| 8. | Vu | Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor | Full Court of the Federal Court of Australia [2020] FCAFC 90 | Application dismissed |
| 9. | Channel Seven Sydney Pty Ltd & Anor | Poniatowska (A12/2020) | Full Court of the Supreme Court of South Australia [2019] SASCFC 111 | Application dismissed with costs |
| 10. | Poniatowska | Channel Seven Sydney Pty Ltd & Anor (A13/2020) | Full Court of the Supreme Court of South Australia [2020] SASCFC 37 | Application dismissed with costs |
| 11. | Shelton | The Information Commissioner & Anor (B31/2020) | Supreme Court of Queensland (Court of Appeal) [2020] QCA 96 | Application dismissed with costs |
| 12. | BMM18 | Minister for Home Affairs & Anor (B39/2020) | Federal Court of Australia [2020] FCA 785 | Application dismissed with costs |
| 13. | Dent | Burke (C8/2020) | Supreme Court of the Australian Capital Territory | Application dismissed with costs |
| 14. | Lake Maintenance (NSW) Pty Limited | Todd Hadley Pty Limited & Ors (S88/2020) | Supreme Court of | Application dismissed with costs |
| 15. | Lee & Anor | Deputy Commissioner of Taxation (S98/2020) | Supreme Court of | Applications dismissed with costs |
| 16. | Silverbrook & Anor | Deputy Commissioner of Taxation (S99/2020) | Supreme Court of | |
| 17. | ABL18 | Minister for Home Affairs & Anor (A8/2020) | Federal Court of Australia [2020] FCA 536 | Application dismissed with costs |
| 18. | ABH18 | Minister for Home Affairs & Anor (A14/2020) | Federal Court of Australia [2020] FCA 620 | Application dismissed with costs [2020] HCASL 219 |
| 19. | SAN | The Queen (A15/2020) | Supreme Court of South Australia (Court of Criminal Appeal) [2020] SASCFC 35 | Application dismissed |
| 20. | Coeur de Lion Investments Pty Ltd | Lewis (B36/2020) | Supreme Court of Queensland Supreme Court of Queensland Supreme Court of Queensland | Application dismissed |
| 21. | Coeur de Lion Investments Pty Ltd | Kelly (B37/2020) | Application dismissed | |
| 22. | Coeur de Lion Investments Pty Ltd | Wallis (B38/2020) | Application dismissed with costs | |
| 23. | Watson | Commissioner of Taxation of the Commonwealth of Australia | Full Court of the Federal Court of Australia [2020] FCAFC 92 | Application dismissed |
| 24. | CMU16 | Minister for Immigration and Border Protection & Anor (S117/2020) | Full Court of the Federal Court of Australia [2020] FCAFC 104 | Application dismissed with costs |
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16 October 2020: Sydney
| No. | Applicant | Respondent | Court appealed from | Results |
| 1. | Nouri & Anor | Australian Capital Territory | Supreme Court of the Australian Capital Territory (Court of Appeal) [2020] ACTCA 1 | Application dismissed with costs [2020] HCATrans 167 |
| 2. | NB & Ors | SB & Ors | Supreme Court of the | Application dismissed with costs [2020] HCATrans 168 |
| 3. | Todd | The Queen | Supreme Court of Victoria | Application dismissed [2020] HCATrans 170 |
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