High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2020] HCAB 7 (11 September 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 |
| Private R v Brigadier Michael Cowen & Anor | Constitutional Law |
| Applicant S270/2019 v Minister for Immigration and Border Protection | Immigration |
3: Cases Reserved
| Case | Title |
| GBF v The Queen | Criminal Law |
| The Queen v Abdirahman-Khalif | Criminal Law |
| Roy v O’Neill | Evidence |
| Clayton v Bant | Family Law |
| AUS17 v Minister for Immigration and Border Protection | Migration 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 | Migration Law |
| Deguisa & Anor v Lynn & Ors | Real Property |
4: Original Jurisdiction
| Case | Title |
| LibertyWorks Inc v Commonwealth of Australia | Constitutional Law |
| Palmer & Anor v The State of Western Australia & Anor | Constitutional Law |
5: Section 40 Removal
6: Special Leave Granted
| Case | Title |
| Victoria International Container Terminal Limited v Lunt & Ors | Civil Procedure |
| Matthew Ward Price and Daniel James Price as Executors of the Estate of Alan Leslie Price (Deceased) & Ors v Christine Claire Spoor as Trustee & Ors | Contracts |
| Davidson v The Queen | Evidence |
| DQU16 & Ors v Minister for Home Affairs & Anor | Migration Law |
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.
Constitutional Law
Private R v Brigadier Michael Cowen & Anor
S272/2019: [2020] HCA 31
Judgment delivered: 9 September 2020
Coram: Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Catchwords:
Constitutional law (Cth)
– Defence – Military discipline – Where plaintiff charged with assault occasioning actual bodily harm – Where plaintiff and complainant members of Australian Defence Force at time of alleged conduct – Where neither plaintiff nor complainant on duty or in uniform – Where plaintiff charged under s 61(3) of Defence Force Discipline Act 1982 (Cth) – Where s 61(3) provided defence member guilty of offence if engaged in conduct outside Jervis Bay Territory and that conduct would constitute Territory offence if it took place in Jervis Bay Territory – Where plaintiff's conduct also constituted offence under ordinary criminal law and civil courts available – Where plaintiff challenged jurisdiction of Defence Force magistrate to hear charge – Whether s 51(vi) of Constitution
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- Case
- [2020] HCAB 7
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