High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library[2014] HCAB 07 (19 September 2014)
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
Commonwealth Bank of Australia v Barker
Contract Law
Maxwell v Highway Hauliers Pty Ltd
Insurance
Plaintiff S4-2014 v Minister for Immigration and Border Protection
Migration
2: Cases Reserved
Case
Title
Kuczborski v The State of Queensland
Constitutional Law
Wellington Capital Limited v Australia Securities & Investments Commission & Anor
Corporations Law
Rhiannon Gray by her tutor Kathleen Anne Gray v Richards
Damages
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd
Industrial Law
3: Original Jurisdiction
Case
Title
Queensland Nickel Pty Limited v Commonwealth of Australia
Constitutional Law
4: Special Leave Granted
Case
Title
CMB v Attorney General for New South Wales
Criminal Law
Lavin and Anor v Toppi and Ors
Equity
The State of Queensland v Tom Congoo, Layne Malthouse and John Watson on behalf of the Bar-Barrum people #4
Native Title
Commissioner of the Australian Federal Police v Zhao and Anor
Proceeds of Crime
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the September 2014 sittings.
Contract Law
Commonwealth Bank of Australia v Barker
A1/2014: [2014] HCA 32.
Judgment: 10 September 2014.
Coram: French CJ, Kiefel, Bell, Gageler and Keane JJ.
Catchwords:
Contract – Employment contract – Implied terms – Employee’s position made redundant – Employer’s conduct denied employee opportunity of redeployment – Whether term of mutual trust and confidence should be implied by law in employment contracts.
Words and phrases – “duty of cooperation”, “employment contract”, “employment relationship”, “necessity”, “relational contract”, “term of mutual trust and confidence”, “terms implied by law”, “terms implied in fact”.
Appealed from FCA (FC): [2013] FCAFC 83.
Held: Appeal allowed.
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Insurance
Maxwell v Highway Hauliers Pty Ltd
P12/2014: [2014] HCA 33.
Judgment: 10 September 2014.
Coram: Hayne, Crennan, Kiefel, Bell and Gageler JJ.
Catchwords:
Insurance – Statutory construction – Where contract of insurance covered accidental damage to vehicles – Where contract of insurance required drivers to obtain satisfactory driver test score – Where drivers of vehicles involved in accidents had not completed driver tests – Where failure to complete driver test did not cause or contribute to accidents – Whether s 54(1) of Insurance Contracts Act 1984 (Cth) requires insurer to indemnify insured for loss caused by accidents.
Words and phrases – “act”, “claim”, “contract of insurance”, “indemnity”, “scope of cover”.
Appealed from WASC (CA): [2013] WASCA 115.
Held: Appeal dismissed.
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Migration
Plaintiff S4-2014 v Minister for Immigration and Border Protection…
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