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High Court Bulletin

[2024] HCAB 9 (27 November 2024)

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

YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor
Constitutional law

RC v The Salvation Army (Western Australia) Property Trust
Courts

Willmot v The State of Queensland
Courts

Capic v Ford Motor Company of Australia Pty Ltd ACN 004 116 223
Damages

Williams & Anor v Toyota Motor Corporation Australia Limited (ACN 009 686 097); Toyota Motor Corporation Australia Limited (ACN 009 686 097) v Williams & Anor
Damages

Bird v DP (a pseudonym)
Torts
3: Cases Reserved

Case

Title

Lendlease Corporation Limited ACN 000 226 228 & Anor v David William Pallas and Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund & Anor

Civil procedure

CZA19 v Commonwealth of Australia & Anor

Constitutional law

DBD24 v Minister for Immigration and Multicultural Affairs & Anor

Constitutional law

The King v ZT

Criminal law

Minister for Immigration and Multicultural Affairs & Ors v MZAPC

Immigration

Stuart & Ors v State of South Australia & Ors

Native title

Bogan & Anor v The Estate of Peter John Smedley (Deceased) & Ors

Practice and procedure

4: Original Jurisdiction

Case

Title

5: Section 40 Removal

Case

Title

6: Special Leave Granted

Case

Title

The King v Batak

Criminal law

The King v Ryan Churchill (a pseudonym)

Criminal law

Valuer-General Victoria v WSTI Properties 490 SKR Pty Ltd

Land valuation

Kain v R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Ernst & Young (a Firm) ABN 75 288 172 749 v R&B Investments Pty Ltd as trustee for the R&B Pension Fund & Ors
Shand v R&B Investments Pty Ltd as trustee for the R&B Penson Fund & Ors

Representative proceedings

CD & Anor v Director of Public Prosecutions (SA) & Anor

Statutes

Palmanova Pty Ltd v Commonwealth of Australia

Statutes

Commissioner of Taxation v PepsiCo, Inc
Commissioner of Taxation v Stokely-Van Camp, Inc
Commissioner of Taxation v PepsiCo, Inc
Commissioner of Taxation v PepsiCo, Inc
Commissioner of Taxation v Stokely-Van Camp, Inc
Commissioner of Taxation v Stokely-Van Camp, Inc

Taxation

7: Cases Not Proceeding or Vacated

Case

Title

8: Special Leave Refused
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the November 2024 sittings.
Constitutional law
YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor
S27/2024: [2024] HCA 40
Date delivered: 6 November 2024
Coram: Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ
Catchwords:
Constitutional law (Cth) – Judicial power of Commonwealth…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] HCAB 9
Decision Date

CaseChat Overview and Summary

YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor is a case concerning the constitutional validity of mandatory electronic monitoring and curfew conditions imposed on a Bridging R (Class WR) visa granted by the Minister for Immigration, Citizenship and Multicultural Affairs. The plaintiff, YBFZ, was granted a BVR with conditions that included electronic monitoring of his location and a curfew, which were offences punishable by imprisonment. The plaintiff challenged the validity of these conditions under Chapter III of the Constitution, arguing that they infringed on his liberty and bodily integrity. The legal issues in this case revolve around whether the mandatory monitoring and curfew conditions infringe on the plaintiff's constitutional rights, specifically his right to liberty and bodily integrity, and whether they are reasonably necessary for the protection of the Australian community. The Court must determine if these conditions amount to "arbitrary punishment" and if they are "prima facie punitive." The case has significant implications for the interpretation of the separation of powers and the scope of the executive's power to impose conditions on visa grants. The Court's reasoning and outcome will provide clarity on the limits of the executive's power to impose conditions on visa grants and the extent to which such conditions must be justified under the Constitution.

In the case of RC v The Salvation Army (Western Australia) Property Trust, the issue before the Court was whether the trial of a claim for damages for personal injury for alleged sexual abuse that occurred over 50 years ago should be permanently stayed due to the deaths of the alleged perpetrator and other potential witnesses, and the absence of documentary evidence. The Court had to determine if the continuation of the proceedings would necessarily be unfair, thereby constituting an abuse of process justifying a permanent stay. The legal issues involved the interpretation of the concepts of "abuse of process" and "fair trial," as well as the impact of the absence of key witnesses and documentary evidence on the fairness of the trial. The Court's reasoning and outcome will provide guidance on the circumstances under which a trial may be deemed an abuse of process and permanently stayed, particularly in cases involving historical allegations of sexual abuse where key witnesses have died and documentary evidence is lacking. The decision will also address the rights of the plaintiff to seek redress for historical child sexual abuse claims.

Orders