High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2014] HCAB 03 (29 April 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 |
| Attorney-General (NT) v Emmerson | Constitutional Law |
| Achurch v The Queen | Criminal Law |
| Taylor v The Owners - Strata Plan No 11564 | Statutes |
| NSW Registrar of Births, Deaths and Marriages v Norrie | Statutes |
| Thiess v Collector of Customs & Ors | Statutes |
2: Cases Reserved
| Case | Title |
| MacarthurCook Fund Management Limited & Anor v TFML Limited | Corporations Law |
| Lee v The Queen; Lee v The Queen | Criminal Law |
| Sidhu v Van Dyke | Equity |
| Commonwealth Bank of Australia v Barker | Employment Law |
| ADCO Constructions Pty Ltd v Goudappel and Anor | Statutes |
3: Original Jurisdiction
| Case | Title |
| Plaintiff S297/2013 v Minister for Immigration and Border Protection & Anor | Migration |
| Plaintiff M150/2013 by his litigation guardian Sister Brigid Marie Arthur v Minister for Immigration and Border Protection & Anor | Migration |
4: Special Leave Granted
| Case | Title |
| Versi v The Queen | Evidence |
| Alphapharm Pty Ltd H Lundbeck A/S & Ors | Patents |
| Commissioner of Taxation v MBI Properties Pty Ltd | Taxation |
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the February 2014 sittings.
Constitutional Law
Attorney-General (NT) v Emmerson
D5/2013: [2014] HCA 13.
Judgment delivered: 10 April 2014.
Coram: French CJ, Hayne, Crennan, Kiefel, Bell, Gageler and Keane JJ.
Catchwords:
Constitutional law (Cth) – Judicial power of the Commonwealth – Constitution, Ch III – Section 36A of Misuse of Drugs Act (NT) and s 94 of Criminal Property Forfeiture Act (NT) effect statutory scheme for forfeiture of property – Section 36A provides that Supreme Court can declare a person to be a "drug trafficker" – Section 94(1) provides for forfeiture to Northern Territory of property subject to restraining order that is owned, effectively controlled or given away by that person – Where Director of Public Prosecutions successfully applied to Supreme Court for declaration that first respondent was a drug trafficker – Whether statutory scheme enlists Supreme Court to give effect to decisions of Executive – Whether statutory scheme compatible with independence and institutional integrity of Supreme Court as repository of federal jurisdiction.
Legislative power – Acquisition of property on just terms – Section 50(1) of Northern Territory (Self-Government) Act 1978 (Cth) provides that power of Northern Territory Legislative Assembly does not extend to making laws with respect to acquisition of property otherwise than on just terms – Where statutory scheme provides for forfeiture to Northern Territory of property subject to restraining order that is owned, effectively controlled or given away by person declared to be a "drug…
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- Case
- [2014] HCAB 3
- Decision Date
CaseChat Overview and Summary
In Achurch v The Queen [2014] HCA 10, the appellant was convicted of drug crimes and sentenced. The Crown appealed against the sentences and the Court of Criminal Appeal re-sentenced the appellant. The appellant applied under s 43 of Crimes (Sentencing Procedure) Act 1999 (NSW) for re-sentencing proceedings to be re-opened. The Court of Criminal Appeal dismissed the application. The legal issue was whether the sentences imposed by the re-sentencing court were open at law and whether they were imposed "contrary to law". The High Court found that the sentences imposed by the re-sentencing court were open at law and that there was no error in law in the Court of Criminal Appeal's decision. The appeal was dismissed.
In Taylor v The Owners – Strata Plan No 11564 & Ors [2014] HCA 9, the legal issue was whether s 12(2) of the Civil Liability Act 2002 (NSW) limited awards of damages under Compensation to Relatives Act 1897 (NSW), ss 3, 4 and whether the s 12(2) limitation applied to the deceased's gross weekly earnings. The High Court found that s 12(2) did limit awards of damages and that the limitation applied to the deceased's gross weekly earnings. The appeal was allowed.
In NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11, the legal issue was whether the Registrar had the power to register a "change of sex" under the Births, Deaths and Marriages Registration Act 1995 (NSW) as "non-specific". The High Court found that the Registrar did not have the power to register a change of sex as "non-specific". The appeal was dismissed and the respondent's applications were remitted to the Registrar.
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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