High Court Bulletin
Produced by the Legal Research Officer, 
High Court of Australia Library
[2016] HCAB 3 (26 April 2016)

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	
Zaburoni v The Queen	Criminal Law	
IMM v The Queen	Evidence	
Mok v Director of Public Prosecutions (NSW)	Federal Jurisdiction	
Fischer & Ors v Nemeske Pty Ltd & Ors	Trusts	
Coverdale v West Coast Council	Property	

2: Cases Reserved
Case	Title	
Bell Group NV (In Liq) & Anor v State of Western Australia	Constitutional Law 	
Maranoa Transport Pty Ltd (In Liq) & Ors v State of Western Australia & Ors	Constitutional Law	
WA Glendinning & Associates Pty Ltd v The State of Western Australia	Constitutional Law	
Betts v The Queen	Criminal Law 	
Robinson Helicopter Company Incorporated v McDermott & Ors	Torts	

3: Original Jurisdiction
Case	Title	
Day v Australian Electoral Officer for the State of South Australia v Anor 	Constitutional Law	
Madden & Ors v Australian Electoral Officer for the State of Tasmania & Ors	Constitutional Law	
Murphy v The Electoral Commissioner & Anor 	Constitutional Law	

4: Special Leave Granted
Case	Title	
Prince Alfred College Incorporated v ADC 	Torts	

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the March 2016 sittings.

Criminal Law 

Zaburoni v The Queen
B69/2015: [2016] HCA 12

Judgment Delivered: 6 April 2016.

Coram: Kiefel, Bell, Gageler, Keane and Nettle JJ.

Catchwords:

Criminal law – Criminal liability – Criminal Code (Q), s 317(b) – Intent to cause specific result – Where appellant HIV positive – Where appellant lied to complainant about his HIV status – Where complainant diagnosed with HIV after frequent unprotected sex with appellant – Whether element of intent to cause specific result satisfied – Whether intent could be inferred from frequency of conduct giving rise to risk of specific result – Whether intent proved by evidence of awareness of risk.

Words and phrases – "awareness of risk", "intent", "motive", "proof of intention", "recklessness", "serious disease", "specific intent".

Criminal Code (Q) – ss 23, 317(b).

Appealed from QSC (CA): [2014] QCA 77.

Held: Appeal allowed.

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Evidence

IMM v The Queen
D12/2015: [2016] HCA 14

Judgment Delivered: 14 April 2016.

Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.

Catchwords:

Evidence – Admissibility and relevance – Evidence (National Uniform Legislation) Act (NT), ss 97(1)(b), 137 – Where appellant charged with indecent dealing with child and sexual intercourse with child – Where tendency evidence given by complainant that appellant ran his hand up complainant's leg – Where evidence tendered of complaints made by complainant concerning appellant – Whether probative value of evidence assessed on assumption that jury would accept evidence – Whether trial judge should have regard to credibility of witness or reliability of evidence in assessing probative value of evidence – Whether evidence from complainant adduced to show accused's sexual interest can have significant probative value.

Words and phrases – "complaint evidence", "credibility", "danger of unfair prejudice", "probative value", "relevance", "reliability", "significant probative value", "tendency evidence".

Evidence (National Uniform Legislation) Act (NT) – ss 55, 56, 65, 66, 97(1)(b), 101, 137.

Appealed from NTSC (CCA): [2014] NTCCA 20.

Held: Appeal allowed

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Federal Jurisdiction

Mok v Director of Public Prosecutions (NSW)
S246/2015: [2016] HCA 13

Judgment Delivered: 6 April 2016.

Coram: French CJ, Kiefel, Bell, Keane and Gordon JJ.

Catchwords:

Federal jurisdiction – Application of State laws – Service and Execution of Process Act 1992 (Cth) ("SEPA"), s 89(4) – Where appellant arrested in Victoria pursuant to warrant issued in New South Wales – Where order made under s 83(8)(b) of SEPA to return appellant in custody to New South Wales – Where appellant charged with attempting to escape lawful custody under s 310D of Crimes Act 1900 (NSW) ("Crimes Act") – Whether s 89(4) of SEPA applied s 310D of Crimes Act as surrogate federal law – Whether content of applied State law altered – Whether prosecution required to prove all elements of offence under State law.

Words and phrases – "competent authority", "correctional centre", "court", "escape lawful custody", "inmate", "law of a State", "surrogate federal law".

Constitution – ss 51(xxiv), 52(i).

Commonwealth Places (Application of Laws) Act 1970 (Cth) – s 4.

Judiciary Act 1903 (Cth) – ss 68, 79.

Service and Execution of Process Act 1992 (Cth) – ss 8(4), 81A, 82, 83, 89.

Children (Detention Centres) Act 1987 (NSW) – s 33(1).

Crimes Act 1900 (NSW) – Pt 1A, ss 310A, 310D.

Crimes (Administration of Sentences) Act 1999 (NSW) – ss 3(1), 4.

Interpretation Act 1987 (NSW) – ss 5, 12.

Appealed from NSWSC (CA): [2015] NSWCA 98.

Held: Appeal dismissed with costs.

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Trusts

Fischer & Ors v Nemeske Pty Ltd & Ors
S223/2015: [2016] HCA 11

Judgment Delivered: 6 April 2016.

Coram: French CJ, Kiefel, Bell, Gageler and Gordon JJ. 

Catchwords:

Trusts – Trustees' powers – Power of advancement – Where trust property included shares in a company – Where value of shares recorded in "asset revaluation reserve" – Where trustee made resolution to distribute entire asset revaluation reserve to specified beneficiaries – Where trustee covenanted to pay specified beneficiaries on demand – Whether valid exercise of power to "advance" and "apply" trust capital or income – Whether trustee indebted to specified beneficiaries – Whether action for money had and received maintainable.

Words and phrases – "advance", "apply", "pay", "pay or apply", "raise".

Trustee Act 1925 (NSW) – s 44. 

Trustee Act 1925 (UK) – s 32.

Appealed from NSWSC (CA): [2015] NSWCA 6. 

Held: Appeal dismissed with costs.

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Property

Coverdale v West Coast Council
H10/2015: [2016] HCA 15 

Judgment Delivered: 14 April 2016.

Coram: French CJ, Kiefel, Keane, Nettle and Gordon JJ.

Catchwords:

Statutes – Interpretation – Meaning of "land" – Meaning of "Crown lands" – Whether "Crown lands" in s 11(1) of Valuation of Land Act 2001 (Tas) includes seabed and waters above it – Whether s 11(1) of Valuation of Land Act and s 2 of Crown Lands Act 1976 (Tas) in pari materia.

Words and phrases – "Crown lands", "in pari materia", "including", "land".

Acts Interpretation Act 1931 (Tas) – s 46.

Crown Lands Act 1976 (Tas) – ss 2, 29.

Local Government Act 1993 (Tas) – Pt 9, s 87(1).

Valuation of Land Act 2001 (Tas) – ss 3, 11.

Appealed from TASC (FC): [2015] TASFC 1. 

Held: Appeal dismissed.

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2: Cases Reserved

The following cases have been reserved or part heard by the High Court of Australia.

Banking

Paciocco & Anor v Australia and New Zealand Banking Group Limited
M219/2015; M220/2015: [2016] HCATrans 9; [2016] HCATrans 10. 

Date heard: 4 February 2016; 5 February 2016. 

Coram: French CJ, Kiefel, Gageler, Keane and Nettle JJ.

Catchwords:

Banking and financial institutions – Consumer protection – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB – National Consumer Credit Protection Act 2009 (Cth) s 76 and Fair Trading Act 1999 (Vic) s 8 – Where first appellant was charged 26 late payment fees on two credit card accounts held with respondent – Where there was a disparity between the fee charged and the loss accrued as a consequence of late payment - Whether the terms “unconscionable”, “unfair” and “unjust”, as used in the statutory causes of action available, are intended to extend the common law in respect of standard form consumer contracts – Whether disproportion between the quantum of late payment fees and cost to respondent associated with late payment gives rise to statutory unconscionability, unjustness or unfairness if the fees were not exorbitant from respondent’s perspective.  

Appealed from FCA (FC): [2015] FCAFC 50. 

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Constitutional Law

Alqudsi v The Queen
S279/2015: [2016] HCATrans 13.

Date heard: 10 February 2016. 

Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.

Catchwords:

Constitutional law – Trial by jury for Commonwealth indictable offences – Whether s 80 of the Constitution can be read to permit a state Parliament to pass a statute allowing for a trial to be by a judge alone where the prosecution and accused agree or the accused seeks that outcome and the Court considers it in the interest of justice – Whether such a position would be consistent with Brown v The Queen. 

Orders made on 10 February 2016 dismissing motion. Written reasons of the Court to be published at a future date. 

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Bell Group NV (In Liq) & Anor v State of Western Australia
S248/2015: [2016] HCATrans 78; [2016] HCATrans 79; [2016] HCATrans 80.

Date heard: 5 April 2016; 6 April 2016; 7 April 2016

Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.

Catchwords:

Constitution – s 109 – inconsistency – Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) (“Bell Group Act”) – Income Tax Assessment Act 1936 (Cth), Income Tax Assessment Act 1997 (Cth) and Tax Administration Act 1953 (Cth) – whether parts 3 & 4 of the Bell Group Act are inconsistent with the Commonwealth’s tax regime – Judiciary Act 1903 (Cth) – where Bell Group Act ends litigation in the Western Australian Supreme Court – where litigation involves federal jurisdiction – whether Bell Group Act is inconsistent with Judiciary Act 1903 (Cth) – whether the Bell Group Act is inconsistent with Ch III of the Constitution – Corporations Act 2001 (Cth) – whether Bell Group Act is inconsistent with Corporations Act 2001 (Cth) – whether ss 5F and 5G of the Corporations Act 2001 (Cth) operate to avoid any inconsistency with the Bell Group Act – whether Bell Group Act can be severed.

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Maranoa Transport Pty Ltd (In Liq) & Ors v State of Western Australia & Ors
P4/2016: [2016] HCATrans 78; [2016] HCATrans 79; [2016] HCATrans 80.

Date heard: 5 April 2016; 6 April 2016; 7 April 2016

Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.

Catchwords:

Constitution – s 109 – inconsistency – Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) (“Bell Group Act”) – Income Tax Assessment Act 1936 (Cth), Income Tax Assessment Act 1997 (Cth) and Tax Administration Act 1953 (Cth) – whether parts 3 & 4 of the Bell Group Act are inconsistent with the Commonwealth’s tax regime – Corporations Act 2001 (Cth) – whether Bell Group Act is inconsistent with Corporations Act 2001 (Cth) – whether ss 5F and 5G of the Corporations Act 2001 (Cth) operate to avoid any inconsistency with the Bell Group Act – whether Bell Group Act can be severed.

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WA Glendinning & Associates Pty Ltd v The State of Western Australia
P63/2015: [2016] HCATrans 78; [2016] HCATrans 79; [2016] HCATrans 80.

Date heard: 5 April 2016; 6 April 2016; 7 April 2016

Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.

Catchwords

Constitution – s 109 – inconsistency – Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) (“Bell Group Act”) – Income Tax Assessment Act 1936 (Cth), Income Tax Assessment Act 1997 (Cth) and Tax Administration Act 1953 (Cth) – whether parts 3 & 4 of the Bell Group Act are inconsistent with the Commonwealth’s tax regime – Judiciary Act 1903 (Cth) – where Bell Group Act ends litigation in the Western Australian Supreme Court – where litigation involves federal jurisdiction – whether Bell Group Act is inconsistent with Judiciary Act 1903 (Cth) – whether the Bell Group Act is inconsistent with Ch III of the Constitution – Corporations Act 2001 (Cth) – whether Bell Group Act is inconsistent with Corporations Act 2001 (Cth) – whether ss 5F and 5G of the Corporations Act 2001 (Cth) operate to avoid any inconsistency with the Bell Group Act– whether Bell Group Act can be severed.

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Criminal Law

Nguyen v The Queen 
S271/2015: [2016] HCATrans 49.

Date heard: 10 March 2016.

Coram: Bell J, Gageler, Keane, Nettle and Gordon JJ. 

Catchwords:

Criminal law – Sentencing – Objective seriousness of offending – Whether sentencing judge appropriately considered the objective seriousness of the offending – Whether the principle in The Queen v De Simoni prohibits a sentencing judge from having regard to the absence of a fact which would render an offender guilty of a more serious offence where that fact is not an element of the more serious offence. 

Appealed from NSWSC (CCA): [2013] NSWCCA 195. 

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Betts v The Queen
S281/2015: [2016] HCA Trans 82. 

Date heard: 8 April 2016.

Coram: French CJ, Kiefel, Bell, Gageler and Gordon JJ.

Catchwords:

Criminal law – Sentencing – Where Court of Criminal Appeal found that the sentencing judge made errors in the sentencing of appellant – Where Court of Appeal considered the matter afresh – Whether Court of Appeal erred by failing to consider new evidence when exercising the sentencing discretion afresh. 

Appealed from NSWSC (CCA): [2015] NSWCCA 39. 

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Professions and Trades

Badenach & Anor v Calvert
H12/2015: [2016] HCATrans 44.

Date heard: 2 March 2016.

Coram: French CJ, Kiefel, Gageler, Keane and Gordon JJ. 

Catchwords:

Professions and trades – Lawyers – Duties and liabilities – Solicitors’ duties to other persons – Beneficiaries – Where first appellant acted for a testator who had terminal cancer in the preparation of a will – Where respondent was regarded as a son by testator – Where testator had an estranged daughter – Where testator did not disclose existence of estranged daughter and first appellant did not make any inquiries in this respect and did not give any advice as the effect of the Testator’s Family Maintenance Act 1912 (Tas) on this arrangement – Whether a solicitor retained to draw a will owes a testator a duty of care which extends to inquiries as to the existence of estranged children and advice pursuant to the effect of the Act.

Torts – Negligence – Duty of care – Civil Liability Act 2002 (Tas) - Whether solicitor owed a duty of care to a non-client beneficiary – Whether damages for loss of opportunity can be awarded where opportunity is hypothetical and dependent on acts of third parties. 

Appealed from TASC (FC): [2015] TASFC 8. 

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Torts

Attwells & Anor v Jackson Lalic Lawyers Pty Limited
S161/2015: [2016] HCATrans 48. 

Date heard:  8 March 2016.

Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.

Catchwords:

Torts – Negligence – Defences – Advocates’ immunity – Scope – Where respondent gave advice to appellants to agree to a terms of settlement – Where the terms of settlement caused the appellants to accept liability significantly higher than they would have otherwise been liable for if they had not defended the proceedings – Whether advocates’ immunity applies – Whether the advice falls with the boundaries of advocates’ immunity – Whether immunity is attracted in respect of final outcomes not the subject of a judicial determination on the merits. 

Appealed from NSWSC (CA): [2014] NSWCA 335. 

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Robinson Helicopter Company Incorporated v McDermott & Ors
B61/2015: [2016] HCATrans 83. 

Date heard: 12 April 2016

Coram: French CJ, Bell, Keane, Nettle and Gordon JJ. 

Catchwords: 

Torts – Negligence – Where first respondent was a passenger in a Robinson R 22 helicopter which was manufactured by the appellant – Where helicopter crashed, killing the pilot and seriously injuring first respondent – Where it was a failure in the forward flexplate of the helicopter which caused it to crash – Whether appellant is liable for the failures of the helicopter – Whether a manufacturer of goods is to be held liable under ss 75AD and AE of the Trade Practices Act 1974 (Cth) or in negligence by reason of the maintenance manual calling for a technician to verify the parts without specifying the particular method to do so – Whether appellant should have been held liable without consideration of whether the negligence or breach of the Trade Practices Act was causative of any loss. 

Appealed from QSC (CA): [2014] QCA 357. 

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Workers Compensation 

Military Rehabilitation and Compensation Commission v May
S243/2015: [2016] HCATrans 45. 

Date heard: 3 March 2016.

Coram: French CJ, Kiefel, Gageler, Nettle and Gordon JJ.

Catchwords:

Workers’ compensation – Injury – Safety, Rehabilitation and Compensation Act 1988 (Cth) (“Act”) – Where respondent enlisted in the Royal Australian Air Force in 1998 – Where respondent lodged a claim under the Act for rehabilitation and compensation in for “low immunity, fatigue, illnesses and dizziness” that respondent claimed was caused by vaccinations he received in the course of his employment in 1998 – Where no specific condition or cause of symptoms was diagnosed – Whether respondent’s symptoms amount to an “injury” as defined by the Act – Whether an injury as defined by the Act requires a sudden or identifiable physiological change or disturbance of the normal physiological state in an employee – Whether the Act contemplates no more than a physiological change or disturbance of the normal physiological state in the employee. 

Appealed from FCA (FC): [2015] FCAFC 93. 

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3: Original Jurisdiction

The following cases are ready for hearing in the original jurisdiction of the High Court of Australia.

Constitutional Law

Day v Australian Electoral Officer for the State of South Australia & Anor 
S77/2016: Application for an order to show cause

Catchwords:

Constitution – Election of Senators – s 9 – Where constitution requires uniform method for the election of senators – whether Commonwealth Electoral Act 1918 (Cth) as amended by Commonwealth Electoral Amendment Act 2016 (Cth) provides for one method for the election of senators – s 7 – Whether allowing a person to vote for a party is contrary to the requirement for a Senator to be directly chosen by the people – Whether the use of a party logo discriminates against independent candidates – Whether the method to elect Senators under the Commonwealth Electoral Act 1918 (Cth) disenfranchises voters – Whether amendments to the Commonwealth Electoral Act 1918 (Cth) are contrary to the constitutional guarantee of freedom of political communication – Whether amendments to the Commonwealth Electoral Act 1918 (Cth) are compatible with the constitutionally prescribed system of representative government.

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Madden & Ors v Australian Electoral Officer for the State of Tasmania & Ors
S109/2016: Application for an order to show cause

Catchwords:

Constitution – Election of Senators – s 9 – Where constitution requires uniform method for the election of senators – Whether Commonwealth Electoral Act 1918 (Cth) as amended by Commonwealth Electoral Amendment Act 2016 (Cth) provides for one method for the election of Senators – s 7 – Whether allowing a person to vote for a party is contrary to the requirement for a Senator to be directly chosen by the people – Whether the use of a party logo discriminates against independent candidates – Whether the method to elect Senators under the Commonwealth Electoral Act 1918 (Cth) disenfranchises voters – Whether amendments to the Commonwealth Electoral Act 1918 (Cth) are contrary to the constitutional guarantee of freedom of political communication – Whether amendments to the Commonwealth Electoral Act 1918 (Cth) are compatible with the constitutionally prescribed system of representative government.

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Cunningham & Ors v Commonwealth of Australia & Anor
S140/2015: Special Case

Catchwords:

Constitution – s 51(xxxi) – Remuneration and Other Legislation Amendment Act 2011 (Cth) – Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth) – Acquisition of property on just terms – Where applicants are former members of the House of Representatives – Where applicants occupied positions as Ministers of State or where officeholders of the Parliament or of a House of Parliament – Where Parliament reduced the ‘retiring allowance’ of past members – Where Parliament restricted the number of return trips per year using the ‘Gold Pass’.

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Murphy v The Electoral Commissioner & Anor 
M247/2015: Special Case

Catchwords:
	
Constitutional law – Legislative power – Franchise – Constitutional limitations upon power of Parliament to regulate exercise of entitlement to enrol to vote – Date for close of Electoral Rolls in Commonwealth Electoral Act 1918 (Cth) – Where Act suspends the enrolment or transfer of enrolment of electors in the period between the close of the Rolls and the close of the poll – Whether denial of enrolment effected by Act contravenes constitutional requirement that representatives be "directly chosen by the people" – Whether amendments operated as disqualification from entitlement to vote and, if so, whether disqualification for substantial reason – Relevance of Roach v Electoral Commissioner (2007) 233 CLR 162 – Relevance of Rowe v Electoral Commissioner (2010) 243 CLR 1.

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See also Native Title: Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC v State of Queensland

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Migration

The Maritime Union of Australia & Anor v Minister for Immigration and Border Protection & Anor
S136/2015: Special case. 

Catchwords:

Migration – Categories of visas – Migration Act 1958 (Cth) (“Act”) – Where Act contains a regime under which non-citizens working in the offshore resources industries must hold permanent or prescribed temporary visas – Where Minister made two Determinations which excluded some off-shore activities from the regime - Whether Determinations IMMI 14/073 and IMMI 14/074 made pursuant to s 9A(6) of the Act by the Minister are valid. 

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Native Title

Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC v State of Queensland
B26/2014: Special case.

Catchwords:

Native title – Indigenous Land Use Agreement (“ILUA”) – North Stradbroke Island Protection and Sustainability Act 2011 (Qld) (“Principal Act”) – North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld) (“Amendment Act”) – Amendment Act allowed for renewal of four mining leases for periods longer than those provided in Principal Act – Amendment Act replaced environmental authority provisions in Principal Act with new s 17 which no longer applied conditions to two mining leases – ILUA registered as area agreement under ss 24CA to 24CL of Native Title Act 1993 (Cth) (“NTA”) – Whether ILUA binds defendant not to enact ss 9 and 12 of Amendment Act.

Constitutional law – Inconsistency – Commonwealth Constitution, s 109 – Whether Amendment Act is invalid under s 109 of Constitution by reason of inconsistency between Amendment Act and ss 24EA and 87 of NTA. 

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4: Special Leave Granted

The following cases have been granted special leave to appeal to the High Court of Australia.

Criminal Law

Miller v The Queen
A28/2015: [2015] HCATrans 296. 

Date heard: 13 November 2015 – Special leave granted. 

Catchwords:

Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder and one count of aggravated causing of harm with two others – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder. 

Appealed from SASC (FC): [2015] SASCFC 53. 

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Presley v The Director of Public Prosecutions for the State of South Australia 
A17/2015: [2016] HCATrans 17.

Date Heard: 12 February 2016 – Referred to the Full Court.

Catchwords:

Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder – Where appellant plead guilty to one count of aggravated causing of harm with intent to cause harm – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder. 

Appealed from SASC (FC): [2015] SASCFC 53.

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Smith v The Queen 
A22/2015: [2016] HCATrans 16.

Date Heard: 12 February 2016 – Referred to the Full Court.

Catchwords:

Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder and one count of aggravated causing of harm with two others – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder. 

Appealed from SASC (FC): [2015] SASCFC 53. 

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Graham v The Queen 
B14/2016: [2016] HCATrans 62.

Date Heard: 11 March 2016 – Special leave granted.

Catchwords:

Criminal law – misdirection and non-direction – effect of misdirection or non-direction – where the appellant was convicted after a trial of attempted murder – where the defence of self - defence was raised at trial under ss 271(1), 271(2) and 272(1) of the Criminal Code – where the trial judge gave detailed directions to the jury about each form of self-defence – where the trial judge provided further directions to the jury at their request – where no redirection was sought at trial – whether the trial judge failed to properly direct the jury as to the defence of self-defence under ss 271(1), 271(2) and 272(1) of the Criminal Code.

Appealed from QCA: [2015] QCA 137.

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Sio v The Queen
S83/2016: [2016] HCATrans 56.

Date Heard: 11 March 2016 – Special leave granted on limited grounds.

Catchwords:

Criminal law – conviction appeal – armed robbery – joint criminal enterprise – unreasonable verdict – where appellant was acquitted of  constructive murder based on the appellant’s participation in a joint criminal enterprise to commit armed robbery – where appellant was convicted of armed robbery with wounding – whether appellant’s conviction on alternative count is inconsistent with acquittal on principle count. 

Criminal law – evidence – hearsay rule – accomplice – made admission against interest in police interview – accomplice not available - whether the trial judge was required to take into account the “demonstrable unreliability” of individual representations to determine whether interview was “made in circumstance that made it likely the representation was reliable”.

Appealed from NSWSC (CCA): [2015] NSWCCA 42.

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Zefi v The Director of Public Prosecutions; Jakaj v The Director of Public Prosecutions; Stakaj v The Director of Public Prosecutions; NH v The Director of Public Prosecutions
A16/2016; A15/2016; A19/2016; A14/2016: [2016] HCATrans 65; [2016] HCATrans 84.

Date heard: 11 March 2016 – Special leave granted

Catchwords:

Criminal law – procedure – jury – verdict – alternative verdict – exercise of jurisdiction – whether the Supreme Court of a State has an inherent jurisdiction to set aside perfected orders that there be a conviction or acquittal – whether open to the court to admit evidence of the 12 (former) jurors in relation to whether the jury had determined to return a verdict of not guilty of the charge of murder.

Appealed from SASC (CCA): [2015] SASCFC 139.

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Competition

Australian Competition & Consumer Commission v Flight Centre Travel Group Limited
B15/2016: [2016] HCATrans 59.

Date heard: 11 March 2016 – Special leave granted.

Catchwords:

Competition – whether appellant travel agent attempted to induce specific airlines to make a contract, arrangement or arrive at an understanding which had the purpose or effect of substantially lessening competition in a market – consideration of relevant market – characterisation of relevant services supplied by airlines and travel agents – whether airlines and travel agents competed in a market for booking and distribution services, or whether the only relevant market was the market for international passenger air travel services – whether travel agents competed with airlines in that market given they were the agent of the airlines when supplying such services – application of ss 45 and 45A of the Trade Practices Act 1974 (Cth)

Appealed from FCAFC: [2015] FCAFC 104.

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Discrimination

Lyons v State of Queensland
B16/2016: [2016] HCATrans 60.

Date Heard: 11 March 2016 – Special leave granted.

Catchwords: 

Discrimination – direct discrimination – where the appellant, who was deaf, was excluded from jury service by a Deputy Registrar – where the appellant made a complaint of direct discrimination – construction of s 11 of the Anti-Discrimination Act 1991 (Qld) – where the appellant argues that her impairment was inextricably linked to her requirement of an Auslan interpreter – construction of Jury Act 1995 (Qld).

Appealed from QCA: [2015] QCA 159.

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Equity

Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor
M253/2015: [2015] HCATrans 335. 

Date heard: 11 December 2015 – Special leave granted. 

Catchwords:

Equity – Promissory estoppel – Where respondent operated restaurants at appellant’s complex - Where the appellant made representations to the respondent that if certain refurbishments were made respondent would be “looked after” when it came time to renew the lease for the premises – Whether an ambiguous representation is capable of founding a promissory estoppel – Whether a promissory estoppel can be found to exist by proving the making and the resiling from a representation made. 

Appealed from VSC (CA): [2014] VSCA 353. 

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Family

Hall v Hall 
A7/2016: [2016] HCATrans 23.

Date Heard: 12 February 2016 – Special leaved granted on limited grounds.

Catchwords:

Family – spousal maintenance – appeal from an interlocutory order – where primary judge made order that respondent husband pay spousal maintenance on the basis that applicant wife was ‘unable to support herself adequately’ under s 72(1) Family Law Act 1975 (Cth) – where applicant wife’s deceased father’s will contains ‘wish’ that the applicant wife receives annual payment of $150,000 net of income tax until such time as she receives a payment of $16.5 million – whether voluntary payment is a ‘financial resource’ under the Family Law Act 1975 (Cth).

Appealed from FamCA (FC): [2015] FamCAFC 154.

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Migration

Minister for Immigration and Border Protection & Anor v SZSSJ & Anor; Minister for Immigration and Border Protection & Ors v SZTZI
S75/2016; S76/2016: [2016] HCATrans 55.

Date heard: 11 March 2016 – Special leave granted.

Catchwords:

Migration – procedural fairness – whether the processes adopted by the Department for considering consequences of release of personal information for protection visa applicant in immigration detention procedurally fair – whether the Full Court erred in finding that s 197C of the Migration Act 1958 does not apply because the respondent had an accrued right not to be removed from Australia under s 198 until a procedurally fair assessment of his/her non-refoulement claims was conducted – whether Federal Circuit Court has jurisdiction to determine the claims – whether the rules of procedural fairness apply to conduct preparatory to the Minister’s dispensing powers under s 48B, 195A and 417 – whether the conduct of officers of the Department are capable of generating an obligation of procedural fairness in circumstances in which the rules of procedural fairness would not otherwise apply. 

Appealed from FCA (FC): [2015] FCAFC 125.

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Torts

Prince Alfred College Incorporated v A, DC 
A31/2015:[2016] HCATrans 89.

Date Heard: 15 April 2016 – Special Leave Granted 

Catchwords: 

Torts – Negligence – Negligence of school authorities or teachers – Liability of employer – Limitation of actions – Extension of time in personal injuries matters – Knowledge of material facts of decisive character – Principles upon which discretion to grant extension of time – Whether Full Court erred in granting extension of time.

Appeal from SASC(FC): [2015] SASCFC 161

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See also Professions and Trades: Badenach & Anor v Calvert.

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Workers’ Compensation

Deal v Kodakkathanath 
M252/2015: [2015] HCATrans 333. 

Date heard: 11 December 2015 – Special leave granted. 

Catchwords:

Workers’ compensation – Accident compensation – Occupational Health and Safety Regulations 2007 (Vic) r 3.1.2 (“regulations”) – Where appellant fell off a step ladder whilst attempting to remove large displays from a wall and suffered a knee injury – Whether “associated with” in the phrase “associated with a hazardous manual handling task affecting an employee” requires a close connection between the manual handling task and the anticipated risk – Whether injury is the kind that the regulations are designed to prevent – Whether regulations should be interpreted to apply to an injury occasioned by the stresses or forces involved in the activity.

Appealed from VSC (CA): [2015] VSCA 191. 

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5: Cases Not Proceeding or Vacated

Administrative Law

Acquista Investments Pty Ltd & Anor v The Urban Renewal Authority & Ors
A29/2015: [2015] HCATrans 295. 

Date discontinued: 4 April 2016

Catchwords:

Administrative law – Judicial review – Grounds of review – Delegation of power - Where first respondent entered into a deed with the Minister for State Development and third respondent to grant third respondent options to purchase 407 hectares of land owned by first respondent – Where Cabinet had made decision to enter into Deed, purportedly on behalf of first respondent - Where appellants had previously expressed interest in purchasing the property – Whether the decision of first respondent to entered into a deed granting third respondent options to purchase is amenable to judicial review – Whether a valid delegation and exercise of power under relevant legislation or executive power occurred – Whether decision to enter into deed was legally unreasonable and ultra vires in the circumstances. 

Appealed from SASC (FC): [2015] SASCFC 91. 

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Migration

The Maritime Union of Australia & Anor v  Minister for Immigration and Border Protection & Anor
S136/2015: [2015] HCATrans 341. Special case. 

Date Heard: 10 February 2016 - hearing vacated.

Catchwords:

Migration – Categories of visas – Migration Act 1958 (Cth) (“Act”) – Where Act contains a regime under which non-citizens working in the offshore resources industries must hold permanent or prescribed temporary visas – Where Minister made two Determinations which excluded some off-shore activities from the regime - Whether Determinations IMMI 14/073 and IMMI 14/074 made pursuant to s 9A(6) of the Act by the Minister are valid. 

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6: Special Leave Refused

Publication of Reasons: 5 April 2016

No.	
Applicant	
Respondent	
Court appealed from	
Results	
1.		Oakes
	Chief Executive, Department of the Premier & Cabinet (SA) & Anor
(A26/2015)
	Supreme Court of South Australia
[2015] SASCFC 144
	Application dismissed with costs
[2016] HCASL 20	
2.		Whittaker
	The Queen
(B40/2015)
	Supreme Court of Queensland 
(Court of Appeal)
[2015] QCA 116
	Application dismissed
[2016] HCASL 21	
3.		Medical Board of Australia
	Broadbent
(B46/2015)
	Federal Court of Australia
[2015] FCA 717
	Application dismissed with costs
[2016] HCASL 22 
	
4.		Redmond
	Deputy Commissioner of Taxation
(B58/2015)
	Supreme Court of Queensland 
(Court of Appeal)
[2015] QCA 172
	Application dismissed with costs
[2016] HCASL 23	
5.		Bodycorp Repairers Pty Ltd 
	Australian Associated Motor Insurers Ltd (trading as AAMI) & Anor
(M78/2015)
	Supreme Court of Victoria (Court of Appeal)
[2015] VSCA 73
	Application dismissed with costs 
[2016] HCASL 24	
6.		de Saram & Anor
	Brown & Anor
(M136/2015)
	Supreme Court of Victoria (Court of Appeal)
[2015] VSCA 142
	Application dismissed with costs 
[2016] HCASL 25	

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Publication of Reasons: 6 April 2016

No.	
Applicant	
Respondent	
Court appealed from	
Result 	
					
1.		BZAHB
	Minister for Immigration and Border Protection & Anor
(B72/2015)
	Federal Court of Australia
[2015]  FCA 1205
	Application dismissed
[2016] HCASL 26	
2.		ARP15 & Ors
	Minister for Immigration and Border Protection & Anor
(B73/2015)
	Federal Court of Australia
[2015] FCA 1220
	Application dismissed
[2016] HCASL 27	
3.		Yabsley
	The Queen
(H1/2016)
	Supreme Court of Tasmania (Court of Criminal Appeal)
[2015] TASCCA 25
	Application dismissed
[2016] HCASL 28	
4.		Kezic
	St John of God Health Care Inc
(P49/2015 to P52/2015)
	Supreme Court of Western Australia (Court of Appeal)
[2015] WASCA 220
	Application dismissed
[2016] HCASL 29	
5.		Francuziak
	Minister for Justice
(P57/2015)
	Full Court of the Federal 
Court of Australia
[2015] FCAFC 162
	Application dismissed
[2016] HCASL 30	
6.		N'Ge Sala
	NSW Police Force (S242/2015)
	Supreme Court of New South Wales (Court of Appeal)
[2015] NSWCA 76
	Application dismissed
[2016] HCASL 31	
7.		SZTMC
	Minister for Immigration and Border Protection & Anor
(S249/2015)
	Federal Court of Australia
[2015] FCA 1282
	Application dismissed
[2016] HCASL 32	
8.		Uddin
	Minister for Immigration and Border Protection & Anor
(S286/2015)
	Federal Court of Australia
[2015] FCA 1375
	Application dismissed
[2016] HCASL 33	
9.		SZTFZ
	Minister for Immigration and Border Protection & Anor
(S288/2015)
	Federal Court of Australia
[2015] FCA 1347
	Application dismissed
[2016] HCASL 34	
10.		SZVBB
	Minister for Immigration and Border Protection & Anor
(S6/2016)
	Federal Court of Australia
[2015] FCA 1414
	Application dismissed
[2016] HCASL 35	
					
11.		Montenegro
	Prothonotary of the Supreme Court of New South Wales
(S22/2016)
	Supreme Court of New South Wales (Court of Appeal)
[2015] NSWCA 409
	Application dismissed
[2016] HCASL 36	
12.		Simmons
	The Queen
(B66/2015)
	Supreme Court of Queensland (Court of Appeal)
[2015] QCA 194
	Application dismissed
[2016] HCASL 37	
13.		SZTES
	Minister for Immigration and Border Protection & Ors
(S253/2015)
	Full Court of the Federal 
Court of Australia
[2015] FCAFC 158
	Application dismissed with costs
[2016] HCASL 38	
14.		Davint
	Malburon
(M235/2015)
	Family Court of Australia
No media neutral citation
	Application dismissed with costs
[2016] HCASL 39	

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Publication of Reasons: 7 April 2016

No.	
Applicant	
Respondent	
Court appealed from	
Result 	
					
1.		Boz One Pty Ltd & Anor
	McLellan & Ors
(M210/2015)
	Supreme Court of Victoria (Court of Appeal)
[2015] VSCA 68
	Application dismissed
[2016] HCASL 40	
2.		Slaveski
	The Queen
(M237/2015)
	Supreme Court of Victoria (Court of Appeal)
[2015] VSCA 264
	Application dismissed
[2016] HCASL 41	
3.		Schaefer
	Gregory
(P56/2015)
	Supreme Court of Western Australia (Court of Appeal)
[2015] WASCA 222
	Application dismissed
[2016] HCASL 42	
4.		Christian
	Societe Des Produits Nestle SA & Ors
(S239/2015)
	Full Court of the Federal Court of Australia
[2015] FCAFC 153
	Application dismissed
[2016] HCASL 43	
5.		AIY15
	Minister for Immigration and Border Protection & Anor
(S251/2015)
	Federal Court of Australia
[2015] FCA 1180
	Application dismissed
[2016] HCASL 44	
6.		SZXTU & Anor
	Minister for Immigration and Border Protection & Anor
(S252/2015)
	Federal Court of Australia
[2015] FCA 1210
	Application dismissed
[2016] HCASL 45	
7.		AAX15
	Minister for Immigration and Border Protection & Anor
(S256/2015)
	Federal Court of Australia
[2015] FCA1206
	Application dismissed
[2016] HCASL 46	
8.		Liu
	Minister for Immigration and Border Protection & Anor
(S284/2015)
	Federal Court of Australia
[2015] FCA 1368
	Application dismissed
[2016] HCASL 47	
9.		AOY15
	Minister for Immigration and Border Protection & Anor
(S289/2015)
	Federal Court of Australia
[2015] FCA 1348
	Application dismissed
[2016] HCASL 48	
10.		Kapoor
	Kapoor
(S14/2016)
	Family Court of Australia
No media neutral citation
	Application dismissed
[2016] HCASL 49	
11.		McGinn
	Cranbrook School
(S16/2016)
	Supreme Court of New South Wales
(Court of Appeal)
[2015] NSWCA 419
	Application dismissed
[2016] HCASL 50	
 					
12.		ASW15 & Ors
	Minister for Immigration and Border Protection & Anor
(S24/2016)
	Federal Court of Australia
[2015] FCA 1484
	Application dismissed
[2016] HCASL 51	
13.		BZAED
	Minister for Immigration and Border Protection & Anor
(B27/2015)
	Federal Court of Australia
[2015] FCA 436
	Application dismissed with costs
[2016] HCASL 52	
14.		Lee
	Australia and New Zealand Banking Group Limited ACN 005 357 522
(B49/2015)
	Supreme Court of Queensland
No media neutral citation
	Application dismissed with costs
[2016] HCASL 53	
15.		APN DF2 Project 2 Pty Ltd 
	Grocon Constructors (Victoria) Pty Ltd) & Anor
(M188/2015)
	Supreme Court of Victoria (Court of Appeal)
[2015] VSCA 190
	Application dismissed with costs
[2016] HCASL 54	
16.		Guss
	Deputy Commissioner of Taxation
(M208/2015)
	Federal Court of Australia
[2015] FCA 841
	Application dismissed with costs
[2016] HCASL 55	
17.		AJH Lawyers
	Mathieson Nominees Pty Ltd & Anor
(M218/2015)
	Supreme Court of Victoria (Court of Appeal)
[2015] VSCA 227
	Application dismissed with costs
[2016] HCASL 56	
18.		MZZMG
	Minister for Immigration and Border Protection & Anor
(M238/2015)
	Full Court of the Federal Court of Australia
[2015] FCAFC 134
	Application dismissed with costs
[2016] HCASL 57	
19.		Taylor
	Wilkins
(M242/2015)
	Supreme Court of Victoria (Court of Appeal)
[2015] VSCA 273
	Application dismissed
[2016] HCASL 58	
20.		Aircraft Support Industries Pty Limited
	William Hare UAE LLC
(S177/2015)
	Supreme Court of New South Wales 
(Court of Appeal)
[2015] NSWCA 229
	Application dismissed with costs
[2016] HCASL 59	
21.		SZTJF
	Minister for Immigration and Border Protection & Anor
(S219/2015)
	Federal Court of Australia
[2015] FCA 1052
	Application dismissed with costs
[2016] HCASL 60	
22.		Bant
	Clayton
(B77/2015)
	Full Court of the Family Court of Australia
No media neutral citation
	Application dismissed with costs
[2016] HCASL 61
	
23.		Vartuli & Anor
	Chief Commissioner of State Revenue
(S277/2015)
	Supreme Court of New South Wales 
(Court of Appeal)
[2015] NSWCA 372
	Application dismissed with costs
[2016] HCASL 62	

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Publication of Reasons: 13 April 2016

No.	
Applicant	
Respondent	
Court appealed from	
Result	
1.		BZAHA
	Minister for Immigration and Border Protection 
& Anor
(B53/2015)
	Federal Court of Australia
[2015] FCA 942
	Application dismissed
[2016] HCASL 63	
2.		Berg
	Director of Public Prosecutions
(B64/2015)
	Supreme Court of Queensland 
(Court of Appeal)
[2015] QCA 196
	Application dismissed
[2016] HCASL 64	
3.		BZAIN
	Minister for Immigration and Border Protection 
& Anor
(B76/2015)
	Federal Court of Australia
[2015] FCA 1335
	Application dismissed
[2016] HCASL 65	
4.		Agapis
	A Deputy President of the Administrative Appeals Tribunal at Perth & Ors
(P47/2015)
	High Court of Australia
[2015] HCATrans 246

	Application dismissed
[2016] HCASL 66	
5.		Nyoni
	Murphy
(P64/2015)
	Supreme Court of Western Australia 
(Court of Appeal)
[2014] WASCA 70
	Application dismissed
[2016] HCASL 67	
6.		SZTPI
	Minister for Immigration and Border Protection 
& Anor
(S181/2015)
	Federal Court of Australia
[2015] FCA 980
	Application dismissed
[2016] HCASL 68	
7.		SZVFB
	Minister for Immigration and Border Protection 
& Anor
(S267/2015)
	Federal Court of Australia
[2015] FCA 1301
	Application dismissed
[2016] HCASL 69	
8.		AOM15
	Minister for Immigration and Border Protection 
& Anor
(S273/2015)
	Federal Court of Australia
[2015] FCA 1285
	Application dismissed
[2016] HCASL 70	
9.		McCarthy
	National Australia Bank Limited
(S280/2015)
	Supreme Court of New South Wales 
(Court of Appeal)
[2015] NSWCA 370
	Application dismissed
[2016] HCASL 71	
10.		SZSTS
	Minister for Immigration and Border Protection 
& Anor
(S9/2016)
	Federal Court of Australia
[2015] FCA 1031
	Application dismissed
[2016] HCASL 72	
11.		Islam
	Minister for Immigration and Border Protection 
& Anor
(S11/2016)
	Federal Court of Australia
[2015] FCA 1417
	Application dismissed
[2016] HCASL 73	
12.		Schultz
	Bank of Queensland Limited (B68/2015)
	Supreme Court of Queensland 
(Court of Appeal)
[2015] QCA 208
	Application dismissed with costs
[2016] HCASL 74	
13.		Aitchison
	The Queen
(M9/2016)
	Supreme Court of Victoria 
(Court of Appeal)
[2015] VSCA 348
	Application dismissed
[2016] HCASL 75	
14.		Robson & Anor
	White Ant Co Pty Ltd
(S255/2015)
	Supreme Court of New South Wales 
(Court of Appeal)
[2015] NSWCA 345
	Application dismissed with costs
[2016] HCASL 76	
15.		SZTJK
	Minister for Immigration and Border Protection 
& Anor
(S282/2015)
	Federal Court of Australia
No media citation
	Application dismissed with costs
[2016] HCASL 77	
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15 April 2016: Melbourne

No.	
Applicant	
Respondent	
Court appealed from	
Results	
1.		Karam
	The Queen
(M55/2015)
	Supreme Court of Victoria 
(Court of Appeal)
[2015] VSCA 50
	Application dismissed
[2016] HCATrans 91	
2.		Sandhu
	Minister for Immigration and Border Protection & Anor
(M200/2015)
	Federal Court of Australia
[2015] FCA 987
	Application dismissed with costs
[2016] HCATrans 90	
3.		McCarthy
	State of New South Wales
(S228/2015)
	Supreme Court of New South Wales (Court of Appeal)
[2015] NSWCA 153
	Application dismissed with costs
[2016] HCATrans 88	

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