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

[2016] HCAB 2 (22 March 2016)
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: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Cases Not Proceeding or Vacated
6: Special Leave Refused

Summary of New Entries
1: Cases Handed Down

Case

Title

The Queen v GW

Criminal Law

Moreton Bay Regional Council v Mekpine Pty Ltd

Property

State of Victoria v Tatts Group Limited

Statutes

Tabcorp Holdings Limited v State of Victoria

Statutes

R & Anor v The Independent Broad-based Anti-corruption Commissioner

Statutes

2: Cases Reserved

Case

Title

Nguyen v The Queen

Criminal

Badenach & Anor v Calvert

Professions and Trades

Coverdale v West Coast Council

Property

Attwells & Anor v Jackson Lalic Lawyers Pty Limited

Torts

Military Rehabilitation and Compensation Commission v May

Workers Compensation

3: Original Jurisdiction

Case

Title

Bell Group NV (In Liq) & Anor v State of Western Australia

Constitution

Maranoa Transport Pty Ltd (In Liq) & Ors v State of Western Australia & Ors

Constitution

WA Glendinning & Associates Pty Ltd v The State of Western Australia

Constitution

4: Special Leave Granted

Case

Title

Graham v The Queen

Criminal

Sio v The Queen

Criminal

Zefi v The Director of Public Prosecutions; Jakaj v The Director of Public Prosecutions; Stakaj v The Director of Public Prosecutions; N,H v The Director of Public Prosecutions

Criminal

Australian Competition & Consumer Commission v Flight Centre Travel Group Limited

Competition

Lyons v State of Queensland

Discrimination

Minister for Immigration and Border Protection & Anor v SZSSJ & Anor; Minister for Immigration and Border Protection & Ors v SZTZI

Migration

1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the March 2016 sittings.
Criminal Law
The Queen v GW
C13/2015: [2016] HCA 6
Date heard: 10 December 2015.
Coram: French CJ, Bell, Gageler, Keane and Nettle JJ.
Catchwords:
Criminal law – Evidence – Unsworn evidence – Where respondent convicted following trial in Supreme Court of the Australian Capital Territory of commission of act of indecency in presence of daughter, R – Where R six years old when giving evidence – Where R's evidence received unsworn under s 13(3) of Uniform Evidence legislation – Where ex tempore reasons of pre-trial judge suggested reversal of presumption of competence to give sworn evidence – Where respondent agreed to be bound by pre-trial judge's ruling under s 13(3) – Whether pre-trial judge failed to apply s 13 – Whether open to pre-trial judge to be satisfied s 13(3) test met – Whether R's unsworn evidence wrongly admitted.

Criminal law – Evidence – Jury directions – Where audiovisual recording of child witness' unsworn evidence tendered at trial – Where respondent requested trial judge direct jury that evidence unsworn – Whether Uniform…

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: [2016] HCAB 2
Decision Date

CaseChat Overview and Summary

The Queen v GW was an appeal in a criminal case heard by the High Court of Australia. The case was about the admissibility of unsworn evidence from a six-year-old girl who was the victim of an indecent act. The court was required to consider whether the trial judge properly directed the jury on the unsworn evidence. The court held that the pre-trial judge's ruling on the competency of the child witness was correct and that the jury was adequately directed on the unsworn evidence. The appeal was allowed. Moreton Bay Regional Council v Mekpine Pty Ltd was a property case heard by the High Court of Australia. The case was about the interpretation of a retail lease and whether it extended to land that was later resumed by the council. The court held that the lease did not extend to the resumed land and that the lessee did not have a compensable interest in the resumed land. The appeal was allowed. State of Victoria v Tatts Group Limited was a case about the interpretation of a contract term. The case was about whether a payment was due under a contract when the statutory scheme was amended so that no new gaming licences could be issued. The court held that the payment was due because the contract term was not contingent on the statutory scheme. The appeal was allowed. Tabcorp Holdings Limited v State of Victoria was a case about the interpretation of a statutory term. The case was about whether a payment was due under a statute when the statutory scheme was amended so that no new wagering licences and gaming licences could be issued. The court held that the payment was not due because the statutory term was confined to the grant of new wagering licence and gaming licence. The appeal was dismissed.

Orders