Legal Research
Cases
High Court Bulletin

High Court Bulletin

Link copied

Case Copied 24 February 2014 23 min read

Contents

On this page

High Court Bulletin

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

[2014] HCAB 01 (24 February 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
Barbaro v The Queen; Zirilli v The Queen	Criminal Law
Smith v The State of Western Australia	Criminal Law
Milne v The Queen	Criminal Law
Australian Electoral Commission v Johnston & Ors; Wang v Johnson & Ors; Mead v Johnson & Ors	Electoral Law

2: Cases Reserved

Case	Title
Attorney-General for the Northern Territory & Anor v Emmerson & Anor	Constitutional Law
Achurch v The Queen	Criminal Law
Australian Financial Services and Leasing Pty Limited v Hills Industries Limited & Anor	Equity
The State of Western Australia v Brown & Ors	Native Title
Taylor v The Owners – Strata Plan No 11564 & Ors	Statutes

3: Original Jurisdiction

Case	Title
Williams v Commonwealth of Australia & Ors	Constitutional Law
Tajjour v State of New South Wales & Anor; Hawthorne v State of New South Wales & Anor; Forster v State of New South Wales & Anor	Constitutional Law
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
Plaintiff S156/2013 v Minister for Immigration and Border Protection & Anor	Migration

4: Special Leave Granted

Case	Title
MacarthurCook Fund Management Limited & Anor v TFML Limited	Corporations Law

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the February 2014 sittings.

Criminal Law

Barbaro v The Queen; Zirilli v The Queen

M1; M3/2013: [2014] HCA 2.

Judgment delivered: 12 February 2014.

Coram: French CJ, Hayne, Kiefel, Bell and Gageler JJ.

Catchwords:

Criminal law – Sentence – Principles – Appellants pleaded guilty to offences against laws of Commonwealth after prosecution expressed views about available range of sentences that could be imposed on each appellant – Sentencing judge refused to receive submission from prosecution about available range of sentences – Whether duty of prosecution to make submission as to available range of sentences – Whether submission as to range amounts to submission of law – Whether failure to receive prosecution submission as to range procedurally unfair – Whether failure to receive prosecution submission as to range failure to take account of relevant consideration.
Words and phrases – "available range of sentences", "submission of law".

Appealed from VSC (CA): [2012] VSCA 288.

Held: Appeal dismissed.

Return to Top

Smith v The State of Western Australia

P51/2013: [2014] HCA 3.

Judgment delivered: 12 February 2014.

Coram: French CJ, Kiefel, Bell, Gageler…

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.

Keep reading for free

Create a free CaseChat account to read High Court Bulletin and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2014] HCAB 1
Decision Date

CaseChat Overview and Summary

The High Court of Australia recently handed down decisions in several cases, including Barbaro v The Queen, Smith v The State of Western Australia, Milne v The Queen, Australian Electoral Commission v Johnston, and Wang v Johnson. The court also reserved or part heard cases in contract law, constitutional law, criminal law, equity, and native title. Additionally, several cases were ready for hearing in the original jurisdiction of the High Court of Australia, including Williams v Commonwealth of Australia, Tajjour v State of New South Wales, and Plaintiff S297/2013 v Minister for Immigration and Border Protection. Special leave to appeal was granted in cases such as MacarthurCook Fund Management Limited v TFML Limited and Commonwealth Bank of Australia v Barker, while special leave was refused in several other cases. The High Court provided reasons for dismissing applications for special leave to appeal in cases such as Ferdinands v Chief of Army, Lindsay v Baker, and Howlin v Clarence City Council.

Orders