High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2017] HCAB 9 (27 November 2017)
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 |
| Van Beelen v The Queen | Criminal Law |
| Thorne v Kennedy | Family Law |
| HFM045 v The Republic of Nauru | Migration |
3: Cases Reserved
| Case | Title |
| Kalbasi v The State of Western Australia | Criminal Law |
| Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor | Judicial Review |
| Maxcon Constructions Pty Ltd v Vadasz & Ors | Judicial Review |
| Falzon v Minister for Immigration and Border Protection | Migration |
4: Original Jurisdiction
5: Court of Disputed Returns
| Case | Title |
| Re Nash | Court of Disputed Returns |
6: Special Leave Granted
| Case | Title |
| Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions & Ors; Tucker (a pseudonym) v Commonwealth Director of Public Prosecutions & Ors; Hodges (a pseudonym) v Commonwealth Director of Public Prosecutions & Ors; Galloway (a pseudonym) v Commonwealth Director of Public Prosecutions & Ors | Criminal Law |
| Collins v The Queen | Criminal Law |
| Nobarani v Mariconte | Probate |
7: Cases Not Proceeding or Vacated
| Case | Title |
| Traljesic v Bosnia and Herzegovina & Anor | Extradition |
| CRI028 v The Republic of Nauru | Migration |
| YAU026 v The Republic of Nauru | Migration |
| YAU027 v The Republic of Nauru | Migration |
| Briggs v State of New South Wales | Negligence |
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the November 2017 sittings.
Criminal Law
Van Beelen v The Queen
A8/2017: [2017] HCA 48
Judgment delivered: 8 November 2017
Coram: Bell, Gageler, Keane, Nettle and Edelman JJ
Catchwords:
Criminal law – Appeal against conviction – Second or subsequent appeal – Application for permission to appeal pursuant to s 353A(1) of Criminal Law Consolidation Act 1935 (SA) – Where appellant convicted of murder – Where expert evidence of time of death given at trial based on stomach contents of deceased – Where new evidence demonstrated expert estimation of time of death at trial erroneous – Where new evidence required to be fresh and compelling in order to be admitted – Where evidence compelling if reliable, substantial and highly probative in context of issues in dispute at trial – Whether new evidence substantial – Whether new evidence highly probative in context of issues in dispute at trial – Whether in interests of justice to consider new evidence on appeal – Whether admission of evidence based on stomach contents at trial occasioned substantial miscarriage of justice – Whether significant possibility jury acting reasonably would have acquitted had new evidence been before it.
Words and phrases –…
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