Legal Research

Dale Christopher Handlen v The Queen; Fundamental Departure of the Law in Importation Case

The High Court has allowed the appeals of Dale Christopher Handlen and Dennis Paul Paddison in Dale Christopher Handlen v The Queen; Dennis Paul Paddison v The Queen [2011] HCA 51 against the decision of the Court of Appeal of the Supreme Court of Queensland, which had upheld each appellant’s convictions for several drug-related offences.

Moti v The Queen: Further prosecution would be an abuse of process

The High Court has allowed the appeal in Moti v The Queen [2011] HCA 50 ruling that allowing further prosecution of Julian Moti staying criminal proceedings against on the basis that further prosecution would be abuse of process.

The court found that Mr Motti was illegally deported to Australia and because of the role Australian officials played in deporting him, it would be an abuse of process to allow the prosecution to continue.

Brett Andrew Green v The Queen & Shane Darrin Quinn v The Queen: Allowing one appeal against a sentence created unacceptable disparity

The High Court today published its reasons in the matter of Brett Andrew Green v The Queen & Shane Darrin Quinn v The Queen [2011] HCA 49, ruling that NSW Court of Criminal Appeal's decision to allow the crown appeal against two co-offenders but not a third created an unacceptable disparity in the sentences between the co-offenders, thus allowing the appeal.

Hoxton Park Residents Action Group v Liverpool City Council [2011] NSWCA 363: Freedom of Religion and Education

This is an appeal against the original judgment of April 2008 and the dismissal of proceedings on 12 November 2010. To access the full text of the case, please click here.

Australian Crime Commission v Stoddart: Rule against spousal incrimination abrogated; Right to silence struck down

The High Court today upheld the appeal in Australian Crime Commission v Stoddart [2011] HCA 47, ruling that there is no rule against spousal incrimination at common law.

The Respondent, Louise Stoddard, had had refused to answer questions relating to her Husband’s activities asked of her by an investigator of the Australian Crime Commission on basis of the common law rule against spousal incrimination.

LVMH Watch & Jewellery Australia Pty Limited v Michael Lassanah & Ors: Police win on qualified privilege

The Supreme Court of NSW - Court of Appeal today allowed the appeal in LVMH Watch & Jewellery Australia Pty Limited v Michael Lassanah & Ors [2011] NSWCA 370, ruling that the there was no malice on the part of Police who accused an intellectually disabled man of attempted theft in a Tag-Heuer store in Sydney.

SA to vote for SA; Murray-Darling Basin Plan

South Australian Senator Nick Xenophon has made it clear that SA Senators need to think of their state when it comes to voting for the Murray-Darling Basin plan. It has been stated that for the interest of SA, getting the plan right is absolutely crucial.

Hargraves v The Queen; Stoten v The Queen [2011] HCA 44: Conspiracy and loss to the Commonwealth

Today, the High Court dismissed both Hargraves and Stoten’s appeals in the case of Hargraves v The Queen; Stoten v The Queen [2011] HCA 44. They appealed against their conviction in the Court of Appeal of the Supreme Court of Queensland for conspiracy to dishonestly cause a loss to the Commonwealth.

Commonwealth Director of Public Prosecutions v Poniatowska: Failure to report income to Centrelink not an offence

The High Court of Australia (in Commonwealth Director of Public Prosecutions V Malgorzata Barbara Poniatowska [2011] HCA 43) has granted special leave to appeal but dismissed an appeal by the Commonwealth Director of Public Prosecutions (CDPP) against a decision of the Full Court of the Supreme Court of South Australia (see Poniatowska v DPP (Cth) [2010] SASCFC 19), which had set aside the respondent's convictions under Criminal Code (Cth) ("the Code") s 135.2(1).

Wu v University of Western Sydney: Extension of time to take Human Rights Proceedings

In Wu v University of Western Sydney [2011] FCA 1143 the Federal Court has just ruled on an application for an extension of time to institute proceedings under Human Rights and Equal Opportunity Act 1986 (Cth) s 46PO (now known as the Australian Human Rights Commission Act 1986 (Cth)).