High Court Bulletin

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High Court Bulletin

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


[2013] HCAB 05 (28 June 2013)

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

Plaintiff M79 v Minister for Immigration and Citizenship

Administrative Law

State of NSW v Kable

Constitutional Law

Agius v The Queen

Criminal Law

Director of Public Prosecutions (Cth) v JM

Criminal Law

Nguyen v The Queen

Criminal Law

Issa; & Elias v The Queen & Anor

Criminal Law

Maloney v The Queen

Discrimination Law

Kakavas v Crown Melbourne Limited & Ors

Equity

Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [No 2]

Judgments and Orders

X7 v Australian Crime Commission and Anor

Statutes

2: Cases Reserved

Case

Title

Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd ACN 075 483 644

Industrial Law

Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors

Intellectual Property

Legal Services Board v Gillespie-Jones

Legal Practitioners

3: Original Jurisdiction

Case

Title

There are no new matters ready for hearing in the original jurisdiction of the High Court.

4: Special Leave Granted

Case

Title

Expense Reduction Analysts Group Pty Ltd & Ors v Armstrong Strategic Management and Marketing Pty Limited & Ors

Civil Procedure

Munda v The Queen

Criminal Law

PEB v The Queen

Criminal Law

Reeves v The Queen

Criminal Law

Magaming v The Queen

Constitutional Law

Daly v Thiering & Ors

Statutes

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the May-June 2013 sittings.

Administrative Law

Plaintiff M79 v Minister for Immigration and Citizenship

M79/2012: [2013] HCA 24.

Judgment delivered: 29 May 2013.

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

Catchwords:

Administrative law – Migration – Refugees – Minister exercised power under s 195A(2) of Migration Act 1958 (Cth) to grant plaintiff temporary safe haven visa permitting stay of seven days and bridging visa permitting stay of six months – Temporary safe haven visa granted to engage bar imposed by s 91K of Act on making valid application for protection visa – Whether decision to grant temporary safe haven visa made without power – Whether decision to grant temporary safe haven visa made for improper purpose – Whether plaintiff's application for protection visa valid.

Words and phrases – "improper purpose", "offshore entry person", "public interest", "temporary safe haven visa".

This application for an order to show cause was filed in the original jurisdiction of the High Court of Australia.

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Constitutional Law

See also Discrimination Law: Maloney v The Queen

State of NSW v Kable

S233/2012: [2013] HCA 26.

Judgment delivered: 5 June…

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Details
Case
[2013] HCAB 5
Decision Date

CaseChat Overview and Summary

The High Court of Australia heard cases involving administrative law, constitutional law, criminal law, discrimination law, equity, and statutory interpretation. In the case of State of NSW v Kable, the court was asked to determine whether an order of the Supreme Court of New South Wales, made under invalid legislation, could be considered a valid judicial order and whether the officers of the appellant could rely on the order as lawful authority. The court ruled that the order was not a valid judicial order and that the officers could not rely on the order as lawful authority. In the case of Kakavas v Crown Melbourne Limited & Ors, the court had to decide whether the gambling transactions were affected by unconscionable conduct and whether the appellant suffered from a special disadvantage making him susceptible to exploitation. The court found that the gambling transactions were not affected by unconscionable conduct and that the appellant did not suffer from a special disadvantage. The High Court of Australia also heard cases involving criminal law, including conspiracy, market manipulation, and sentencing. In the case of Director of Public Prosecutions (Cth) v JM, the court had to determine the meaning of "artificial price" in s 1041A of the Corporations Act 2001 (Cth) and whether the meaning was informed by United States of America conceptions of "cornering" and "squeezing". The court held that the meaning of "artificial price" was not informed by United States of America conceptions and that the prosecution had to prove that the transactions had the sole or dominant purpose of creating an artificial price. The High Court of Australia also heard cases involving discrimination law, equity, and statutory interpretation. In the case of Maloney v The Queen, the court had to decide whether certain restrictions on the possession of liquor on Palm Island affected the enjoyment of rights protected by the International Convention on the Elimination of All Forms of Racial Discrimination. The court found that the restrictions did not affect the enjoyment of those rights. In the case of X7 v Australian Crime Commission and Anor, the court had to determine whether the Australian Crime Commission Act 2002 (Cth) empowered an examiner to conduct an examination of a person charged with an indictable Commonwealth offence where the examination concerned the offence charged. The court held that the Act did not empower the examiner to conduct such an examination.

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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