High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2013] HCAB 10 (6 January 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 |
| Kline v Official Secretary to the Governor General & Anor | Administrative Law |
| Commonwealth v The Australian Capital Territory | Constitutional Law |
| Unions NSW and Ors v State of New South Wales | Constitutional Law |
| Australian Competition and Consumer Commission v TPG Internet Pty Ltd | Consumer Law |
| Clark v Macourt | Contract Law |
| Willmott Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In Liquidation) & Ors | Corporations Law |
| BCM v The Queen | Criminal Law |
| Reeves v The Queen | Criminal Law |
| Li v Chief of Army | Defence |
| Honourable Brendan O’Connor, Commonwealth Minister for Home Affairs and Justice v Adamas & Anor | Extradition |
| Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors | Intellectual Property |
| Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship and Ors | Migration |
2: Cases Reserved
| Case | Title |
| Woodside Energy Ltd & Ors v Electricity Generation Corporation t/as Verve Energy; Electricity Generation Corporation t/as Verve Energy v Woodside Energy Ltd & Ors | Contract Law |
| Zirilli; & Barbaro v The Queen | Criminal Law |
| Smith v The State of Western Australia | Criminal Law |
3: Original Jurisdiction
| Case | Title |
| There are no new matters ready for hearing in the original jurisdiction of the High Court of Australia. | |
4: Special Leave Granted
| Case | Title |
| Commonwealth Bank of Australia v Barker | Contract Law |
| Lee & Anor v The Queen | Criminal Law |
| Sidhu v van Dyke | Equity |
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the November-December 2013 sittings.
Administrative Law
See also Migration: Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship and Ors
Kline v Official Secretary to the Governor General & Anor
B47/2013: [2013] HCA 52.
Judgment delivered: 6 December 2013.
Coram: French CJ, Crennan, Kiefel, Bell and Gageler JJ.
Catchwords:
Administrative law − Freedom of information − Request for access to documents − Section 6A(1) of Freedom of Information Act 1982 (Cth) provided that documents held by Official Secretary to the Governor-General were excluded from disclosure unless they related to "matters of an administrative nature" − Whether documents relating to nomination of person to Order of Australia were excluded from disclosure by operation of s 6A(1).
Words and phrases − "matters of an administrative nature".
Appealed from FCA (FC): [2012] FCAFC 184; (2012) 127 ALD 639; (2012) AATA 247.
Held: Appeal dismissed.
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Constitutional Law
Commonwealth v The Australian Capital Territory
C13/2013: [2013] HCA 55.
Judgment delivered: 12 December 2013.
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- Case
- [2013] HCAB 10
- Decision Date
CaseChat Overview and Summary
The Court found that TPG's advertisements were misleading and deceptive under the Trade Practices Act 1974 and Australian Consumer Law. The Court held that the "dominant message" approach was incorrect, and that consumers must consider the whole advertisement to correct misleading headline representations. The Court also found that the Full Court of the Federal Court failed to adequately consider specific and general deterrence in reducing the pecuniary penalty. The Court held that the reduced penalty was manifestly inadequate and that the primary judge correctly assessed the number and classes of contraventions.
In summary, the Court held that TPG's advertisements were misleading and deceptive and that the Full Court of the Federal Court failed to adequately consider specific and general deterrence in reducing the pecuniary penalty. The Court found that the reduced penalty was manifestly inadequate and that the primary judge correctly assessed the number and classes of contraventions. The appeal was allowed, and the case was remitted to the Full Court of the Federal Court for reconsideration of the pecuniary penalty.
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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