High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2013] HCAB 03 (18 April 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 |
| SZOQQ v Minister for Immigration and Citizenship and Anor | Citizenship and Migration |
| Castle Constructions Pty Limited v Sahab Holdings Pty Ltd & Anor | Property |
| Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd & Ors | Proportionate liability |
2: Cases Reserved
| Case | Title |
| Keating v Director of Public Prosecutions (Cth) | Constitutional Law |
| State of NSW v Kable | Constitutional Law |
| Kakavas v Crown Melbourne Limited & Ors | Equity |
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 |
| Construction Forestry Mining & energy Union v Mammoet Australia Pty Ltd ACN 075 483 644 | Industrial Law |
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the April 2013 sittings.
Citizenship and Migration
SZOQQ v Minister for Immigration and Citizenship and Anor
S97/2012: [2013] HCA 12.
Judgment delivered: 10 April 2013.
Coram: French CJ, Hayne, Crennan, Kiefel, Bell, Gageler and Keane JJ.
Catchwords:
Immigration – Refugees – Judicial review – Minister's delegate found appellant had well-founded fear of political persecution if returned to Indonesia – Minister's delegate concluded Australia owed no "protection obligations" to appellant because appellant convicted of "particularly serious crime" – Whether "protection obligations" in s 36(2)(a) of Migration Act 1958 (Cth) ("Act") limited to non-refoulement obligation in Art 33(1) of Convention relating to the Status of Refugees as amended by Protocol relating to the Status of Refugees – Whether s 91U of Act confines scope of Australia's "protection obligations" in s 36(2)(a) of Act – Whether Minister bound to consider if grant of visa not prevented by s 501 of Act.
Words and phrases – "non-refoulement", "particularly serious crime", "protection obligations".
Appealed from FCA (FC): [2011] FCA 1237; (2011) 124 ALD 18; [2012] FCAFC 40; (2012) 200 FCR 174.
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Property
Castle Constructions Pty Limited v Sahab Holdings Pty Ltd & Anor
S263/2012: [2013] HCA 11.
Judgment delivered: 10 April 2013.
Coram: Hayne, Crennan, Kiefel, Bell and Gageler JJ.
Catchwords:
Real property – Torrens system land – Easements – Registered proprietor of servient tenement requested Registrar-General remove easement from Register – Easement removed from Register without objection from registered proprietors of dominant tenement – Subsequent purchaser of dominant tenement requested that Registrar-General restore easement to Register – Registrar-General refused – Whether deliberate removal of easement from Register "omission" within meaning of s 42(1)(a1) of Real Property Act 1900…
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