High Court Bulletin

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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…

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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

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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