High Court Bulletin

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High Court Bulletin

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


[2018] HCAB 1 (28 February 2018)

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: Court of Disputed Returns
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

Maxcon Constructions Pty Ltd v Vadasz & Ors

Administrative Law

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor

Administrative Law

Falzon v Minister for Immigration and Border Protection

Constitutional Law

Commissioner of the Australian Federal Police v Hart & Ors; Commonwealth of Australia v Yak 3 Investments Pty Ltd as Trustee for Yak 3 Discretionary Trust & Ors; Commonwealth of Australia & Anor v Flying Fighters Pty Ltd & Ors 

Criminal Law

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor

Industrial Law

3: Cases Reserved

Case

Title

DL v The Queen

Criminal Law

CRI026 v Republic of Nauru

Migration

CRI028 v Republic of Nauru

Migration

DWN027 v Republic of Nauru

Migration

EMP144 v Republic of Nauru 

Migration

WET044 v Republic of Nauru 

Migration

Rozenblit v Vainer & Anor

Procedure

4: Original Jurisdiction

5: Court of Disputed Returns

Case

Title

Re Gallagher

Court of Disputed Returns

Re Kakoschke-Moore

Court of Disputed Returns

Re Lambie

Court of Disputed Returns

6: Special Leave Granted

Case

Title

Mighty River International Limited v Mineral Resources Limited & Ors

Corporations

Johnson v The Queen

Criminal Law

Minister for Immigration and Border Protection v SZMTA & Anor

Migration

Commonwealth of Australia v Alan Griffiths and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Northern Territory of Australia v Alan Griffiths and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor; Alan Griffiths and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory of Australia & Anor

Native Title

Commissioner of State Revenue v Placer Dome Inc

Stamp Duty

Amaca Pty Limited v Latz; Latz v Amaca Pty Limited

Torts

7: Cases Not Proceeding or Vacated

2: Cases Handed Down

The following cases were handed down by the High Court of Australia during the February 2018 sittings.

Administrative Law

Maxcon Constructions Pty Ltd v Vadasz & Ors

A17/2017: [2018] HCA 5

Judgment delivered: 14 February 2018

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

Catchwords:

Administrative law – Judicial review – Building and Construction Industry Security of Payment Act 2009 (SA) – Where subcontract provided for sum to be paid to subcontractor after issue of certificate of occupancy – Where issue of certificate of occupancy required certification from builder that building work performed in accordance with head contract – Where adjudicator appointed to determine…

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Details
Case
[2018] HCAB 1
Decision Date

CaseChat Overview and Summary

Maxcon Constructions Pty Ltd v Vadasz & Ors was a case in the High Court of Australia, which heard an appeal against the decision of the South Australian Supreme Court. The case concerned a dispute in relation to a payment claim made under the Building and Construction Industry Security of Payment Act 2009 (SA). The issue for the court was whether the Supreme Court had jurisdiction to quash an adjudicator's determination for non-jurisdictional error of law on the face of the record, and if so, whether the adjudicator's determination involved an error of law. The court found that the Supreme Court had no jurisdiction to quash the adjudicator's determination for non-jurisdictional error of law on the face of the record. The appeal was dismissed. Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor was a case in the High Court of Australia, which heard an appeal against the decision of the New South Wales Supreme Court. The case concerned a dispute in relation to a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW). The issue for the court was whether the Building and Construction Industry Security of Payment Act 1999 (NSW) ousted the jurisdiction of the Supreme Court of New South Wales to make an order in the nature of certiorari to quash an adjudicator's determination for non-jurisdictional error of law on the face of the record. The court found that the Building and Construction Industry Security of Payment Act 1999 (NSW) did not oust the jurisdiction of the Supreme Court of New South Wales to make an order in the nature of certiorari to quash an adjudicator's determination for non-jurisdictional error of law on the face of the record. The appeal was dismissed.

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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