High Court Summary for August 2015
Friday 4 September 2015 @ 11.48 a.m. | Legal Research
The High Court of Australia has been quite busy in the last month with 7 judgments delivered; 4 judgments reserved and 6 judgments awaiting hearing.
Judgments Delivered
The High Court has delivered 7 judgments in the last month, with each one having been the subject of a previous article by TimeBase:
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Fuller-Lyons v New South Wales [2015] HCA 31: Damages after Train Fall (2 September 2015)
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Astrazeneca AB v Apotex Pty Ltd [2015] HCA 30: Patents: Lack of Inventive Step (2 September 2015);
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Filippou v The Queen [2015] HCA 29: Provocation and Murder (12 August 2015);
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Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28: Privity of Interest and Issue Estoppel (10 April 2015);
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Smith v The Queen [2015] HCA 27: Procedural Fairness and Majority Jury Verdicts (5 August 2015);
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Admissibility of Evidence and “General Unfairness Discretions” in Police v Dunstall [2015] HCA 26 (5 August 2015); and
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Ausnet Transmission Group Pty Ltd v FCT [2015] HCA 25: Allowable Deductions or Capital Outgoings (5 August 2015).
Judgments Reserved
The following judgments have either started their hearings in part or have had their judgments reserved:
- McCloy v State of New South Wales - heard on 10 and 11 June 2015, this case is about whether the Funding Expenditure and Disclosure Act 1981 (NSW) infringes the implied freedom of communication regarding political or government matters in the Commonweath Constitution.
- Wright Prospecting Pty Limited v Mount Bruce Mining Pty Limited - heard on 12 and 13 August 2015, this case is about general contractual principles in a commercial agreement.
- D’Arcy v Myriad Genetics - heard on 16 and 17 June 2015, this case is about the validity of a patent for human beings and their biological processes.
- PT Bayan Resources TBK v BCBC Singapore Pte Ltd - heard on 10 and 11 August 2015, this case is about freezing orders and their application in foreign jurisdictions.
- Duncan v Independent Commission Against Corruption - heard on 5 August 2015, this case is about the definition of "corrupt conduct" under which ICAC operates; and
- Alcan Gove Pty Ltd v Zabic - heard on 4 August 2015, this case is about asbestos and workers compensation.
Judgments Given Leave to Appeal to the High Court
The High Court has granted special leave in the past month for 15 cases to be heard in the High Court in the following areas:
- Criminal Law - R v Beckett; R v Pham; and O’Rafferty v R;
- Employment Law - Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd;
- Foreign Judgments - Firebird Global Master Fund II Ltd v Republic of Nauru;
- Migration - Minister for Immigration and Border Protection v WZARH;
- Procedural Interpretation - Commonwealth v Fair Work Building Industry Inspectorate; and CFMEU v Fair Work Building Industry Inspectorate;
- Statutory Interpretation - Victoria v Tatts Group Limited;
- Taxation - Commissioner of Taxation v Australian Building Systems Pty Ltd (In Liq); Commissioner of Taxation v Muller as Liquidators of Australian Building Systems Pty Ltd (In Liq); and Macoun v Commissioner of Taxation; and
- Torts - Allen v Chadwick; Attwells & Anor v Jackson Lalic Lawyers Pty Limited; and Fernando by his tutor Ley v Commonwealth.
Original Jurisdiction Judgments
The High Court has given leave for 3 cases in original jurisdiction to be heard:
- Constitutional Law - M68/15 v Minister for Immigration and Border Protection;
- Criminal Law - North Australian Aboriginal Justice Agency Limited v Northern Territory of Australia; and
- Native Title - Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC v Queensland.
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