High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2020] HCAB 3 (24 April 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 |
| Coughlan v The Queen | Criminal Law |
| Pell v The Queen | Criminal Law |
| Commonwealth of Australia v Helicopter Resources Pty Ltd | Criminal Practice |
| Moore v Scenic Tours Pty Ltd | Damages |
| Smethurst v Commissioner of Police | Police |
3: Cases Reserved
| Case | Title |
| Cumberland v The Queen | Criminal Law |
4: Original Jurisdiction
5: Section 40 Removal
6: Special Leave Granted
| Case | Title |
| Wigmans v AMP Limited & Ors | Civil Procedure |
| Westpac Securities Administration Ltd & Anor v Australian Securities and Investments Commission | Corporations |
| GBF v The Queen | Criminal Law |
| Clayton v Bant | Family Law |
| AUS17 v Minister for Immigration and Border Protection & Anor | Migration Law |
| DVO16 v Minister for Immigration and Border Protection & 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 April 2020 sittings.
Criminal Law
Coughlan v The Queen
B60/2019: [2020] HCA 15
Publication of reasons: 24 April 2020
Coram: Kiefel CJ, Bell, Gageler, Keane, Edelman JJ
Catchwords:
Criminal law – Arson and attempted fraud – Appeal against conviction – Where prosecution case based on circumstantial evidence – Where appellant's house destroyed by explosion and resulting fire – Where appellant present at and seen running away from scene – Where appellant gave version of events to police consistent with innocence – Where appellant made insurance claim on house and contents in connection with fire – Where no apparent financial motive to commit offences – Where expert evidence that explosion caused by build-up of gaseous vapours – Where petrol residues found on appellant's clothes – Where no evidence of petrol residues in house – Whether open to jury to be satisfied of appellant's guilt beyond reasonable doubt – Whether prosecution excluded reasonable possibility that explosion caused by build-up of gas ignited by electrical fire.
Words and phrases – "absence of apparent financial motive", "arson", "attempted fraud", "beyond reasonable doubt", "circumstantial case", "consciousness of guilt", "inference consistent with innocence", "lack of motive", "reasonable possibility", "scientific evidence".
Criminal Code (Qld) – ss 408C(1)(c), 459, 461(1)(a).
Appealed from QSC (CA): [2019] QCA 65
Held: Appeal allowed (orders made allowing the appeal on 12 February 2020).
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Pell v The Queen
M112/2019: [2020] HCA 12
Judgment delivered: 7 April 2020
Coram: Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ
Catchwords:
Criminal law – Sexual offences against children – Appeal against…
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- Case
- [2020] HCAB 3
- Decision Date
CaseChat Overview and Summary
In Pell v The Queen [2020] HCA 12, the appellant was convicted of sexual offences against children. The Court of Appeal had assessed the complainant's evidence as credible and reliable, and witnesses gave unchallenged evidence of specific recollections, practices, and routines inconsistent with the acceptance of the complainant's account. The legal issues in the case involved whether the unchallenged inconsistent evidence required the jury, acting rationally, to have entertained doubt as to the applicant's guilt and whether the Court of Appeal was required to take into account the forensic disadvantage experienced by the applicant. The High Court found that the unchallenged inconsistent evidence required the jury to have entertained doubt as to the applicant's guilt, and the Court of Appeal was required to take into account the forensic disadvantage experienced by the applicant. The Court granted special leave, allowed the appeal, and entered an acquittal.
Commonwealth of Australia v Helicopter Resources Pty Ltd & Ors [2020] HCA 16 involved a case where the employer and the Commonwealth of Australia were prosecuted for alleged failures to comply with the duty to ensure worker health and safety. The legal issues in the case involved whether the invocation of investigative power to compel an employee to give evidence about a matter with respect to which the employer stood charged amounted to compelling the employer to give evidence contrary to the rule that an accused is not required to assist the Crown in proving its case. The High Court found that the invocation of investigative power did not amount to compelling the employer to give evidence contrary to the rule and allowed the appeal.
Moore v Scenic Tours Pty Ltd [2020] HCA 17 involved a case where the appellant claimed damages for disappointment and distress after a holiday cruise tour was severely disrupted by adverse weather conditions. The legal issues in the case involved whether the Civil Liability Act 2002 (NSW) precluded damages for disappointment and distress not consequential upon physical or psychiatric injury. The High Court found that the Civil Liability Act 2002 (NSW) did not preclude damages for disappointment and distress and allowed the appeal.
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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