High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library[2015] HCAB 9 (19 November 2015)
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
Minister for Immigration and Border Protection v WZARH & Anor
Administrative Law
The Queen (Cth) v Pham
Criminal Law
North Australian Aboriginal Justice Agency Limited & Anor v Northern Territory of Australia
Statutory Interpretation
2: Cases Reserved
Case
Title
Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors
Employment Law
Plaintiff M64/2015 v Minister for Immigration and Border Protection
Migration
Wei v Minister for Immigration and Border Protection
Migration
State of Victoria v Tatts Group Limited
Statutes
Tabcorp Holdings Limited v State of Victoria
Statutes
3: Original Jurisdiction
No new entries for November 2015.
4: Special Leave Granted
Case
Title
Acquista Investments Pty Ltd & Anor v The Urban Renewal Authority & Ors
Administrative Law
Mok v Director of Public Prosecutions
Constitutional Law
Miller v The Queen
Criminal Law
R & Anor v The Independent Broad-based Anti-corruption Commissioner
Criminal Law
Zaburoni v The Queen
Criminal Law
Military Rehabilitation and Compensation Commission v May
Workers Compensation
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the November 2015 sittings.
Administrative Law
Minister for Immigration and Border Protection v WZARH & Anor
S85/2015: [2015] HCA 40.
Judgment delivered: 4 November 2015.
Coram: Kiefel, Bell, Gageler, Keane and Gordon JJ.
Catchwords:
Administrative law – Procedural fairness – Refugee Status Assessment – Independent Merits Review ("IMR") – Where first reviewer conducted interview with first respondent but did not complete IMR – Where second reviewer completed IMR without interview but with regard to transcript and audio recording of first reviewer's interview – Where first respondent not informed of change in identity of reviewer – Where second reviewer formed adverse view of first respondent's credibility – Whether first respondent denied procedural fairness.
Words and phrases – "legitimate expectation", "opportunity to be heard", "oral hearing", "procedural fairness", "unfairness".
Appealed from FCA (FC): (2014) 142 ALD 490; (2014) 316 ALR 389; [2014] FCAFC 137.
Held: Appeal dismissed.
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Constitutional Law
See also Statutory Interpretation: North Australian Aboriginal Justice Agency Limited & Anor v Northern Territory of Australia.
Return to Top
Criminal Law
The Queen (Cth) v Pham
M82/2015: [2015] HCA 39.
Judgment delivered: 4 November 2015.
Coram: French CJ, Bell, Gageler, Keane and Nettle JJ.
Catchwords:
Criminal law – Sentencing – Federal offences – Consistency – Current sentencing practices – Whether sentencing courts to have regard to current sentencing practices throughout Commonwealth.
Criminal law – Appeals against sentence –…
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CaseChat Overview and Summary
In The Queen (Cth) v Pham, the High Court of Australia considered whether sentencing courts should have regard to current sentencing practices throughout the Commonwealth when sentencing for federal offences. The court held that sentencing courts must take into account current sentencing practices throughout the Commonwealth. The court also held that it was permissible to assess current sentencing practices by statistical analysis of the correlation between sentence and quantity of drug imported. The appeal was allowed.
In North Australian Aboriginal Justice Agency Limited & Anor v Northern Territory of Australia, the High Court of Australia considered whether Div 4AA of Pt VII of Police Administration Act (NT) conferred powers on the Northern Territory executive which impaired, undermined or detracted from the institutional integrity of the Northern Territory courts. The court held that the provision did not confer powers on the Northern Territory executive which impaired, undermined or detracted from the institutional integrity of the Northern Territory courts. The questions were answered.
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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