High Court Bulletin

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High Court Bulletin

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


[2019] HCAB 9 (22 November 2019)

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

Vella & Ors v Commissioner of Police (NSW) & Anor

Constitutional Law

Fennell v The Queen

Criminal Law

HT v The Queen & Anor

Criminal Practice

Lordianto & Anor v Commissioner of the Australian Federal Police; Kalimuthu & Anor v Commissioner of the Australian Federal Police

Criminal Practice

3: Cases Reserved

Case

Title

Smethurst & Anor v Commissioner of Police & Anor

Constitutional Law

The Queen v Guode

Criminal Law

BHP Billiton Limited (now named BHP Group Limited) v Commissioner of Taxation

Taxation

Commissioner of State Revenue v Rojoda Pty Ltd

Taxation

4: Original Jurisdiction

5: Section 40 Removal

6: Special Leave Granted

Case

Title

Northern Land Council & Anor v Quall & Anor

Administrative Law

Pell v The Queen (referred to Full Court for argument as on an appeal)

Criminal Law

Calidad Pty Ltd & Ors v Seiko Epson Corporation & Anor

Intellectual Property

State of Queensland v The Estate of the Late Jennifer Leanne Masson

Tort 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 November 2019 sittings.

Constitutional Law

Vella & Ors v Commissioner of Police (NSW) & Anor

S30/2019: [2019] HCA 38

Judgment delivered: 6 November 2019

Coram: Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ

Catchwords:

Constitutional law (Cth) – Judicial power – Constitution – Ch III – State Parliament – Institutional integrity of State courts – Where s 5(1) of Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) provides that State court may make order if satisfied that specified person has been convicted of serious criminal offence or involved in serious crime related activity and satisfied that reasonable grounds to believe that making of order would protect public by preventing, restricting or disrupting involvement by that person in serious crime related activities – Where s 6(1) of Act provides that order against that specified person may contain such prohibitions, restrictions, requirements and other provisions as court considers appropriate for purpose of protecting public by preventing, restricting or disrupting involvement by that person in serious crime related activities – Where proceedings under Act are civil proceedings – Whether making order exercise of judicial power – Whether powers conferred by Act incompatible with State court's role as repository of federal judicial power – Whether powers conferred by Act substantially impair institutional integrity of State court.

Words…

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Details
Case
[2019] HCAB 9
Decision Date

CaseChat Overview and Summary

The High Court of Australia handed down several judgments during the November 2019 sittings. In Vella & Ors v Commissioner of Police (NSW) & Anor, the Court considered whether provisions of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) were incompatible with the role of the NSW Supreme Court as a repository of federal judicial power. In Fennell v The Queen, the Court allowed an appeal against conviction on the basis that the circumstantial evidence was weak and an identification of the murder weapon was based on highly improbable evidence. In HT v The Queen & Anor, the Court allowed an appeal against sentence on the basis that the appellant had been denied procedural fairness. In Lordianto & Anor v Commissioner of the Australian Federal Police; Kalimuthu & Anor v Commissioner of the Australian Federal Police, the Court dismissed an appeal against the forfeiture of tainted property under the Proceeds of Crime Act 2002 (Cth). The Court found that the property had not ceased to be tainted.

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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