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Litigation notes archive

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No. 19 – 28 October 2009 – PDF 897Kb

  • Pape v Commissioner of Taxation & Commonwealth – Validity of tax bonus payments upheld: the Commonwealth's power to spend (Judgment)
  • Lane v Morrison – The Australian Military Court invalid (Judgment)
  • Wurridjal v Commonwealth – Northern Territory emergency response legislation valid (Judgment)
  • Clarke v Commissioner of Taxation – Superannuation surcharge on South Australian Parliamentarians invalid (Judgment)
  • Wong v Commonwealth of Australia; Selim v Lele – Medicare and PSR schemes valid (Judgment)
  • John Holland Pty Ltd v Victorian Workcover Authority; John Holland Pty Ltd v Inspector Nathan Hamilton – Occupational health and safety precautions (Judgment – VWA; Hamilton)
  • K-Generation Pty Ltd v Liquor Licensing Court – Validity of South Australian liquor licensing laws; use of criminal intelligence (Judgment)

No. 18 – 11 December 2008 – PDF 594Kb

  • The Queen v Wei Tang – Slavery and the Criminal Code (Judgment)
  • MZXOT v Minister for Immigration and Citizenship – No implied power to remit matters in High Court's exclusive jurisdiction (Judgment)
  • Griffiths v Minister for Lands, Planning and Environment – Compulsory acquisition of native title (Judgment)
  • Northern Territory of Australia v Arnhem Land Aboriginal Land Trust – Authority to permit entry to waters overlying Aboriginal land in the Northern Territory (Judgment)
  • Raftland Pty Ltd as Trustee of Raftland Trust v Commissioner of Taxation – High Court upholds tax decision on 'sham' transactions' (Judgment)
  • FCT v Reliance Carpet Co Pty Ltd; Hornsby Shire Council v FCT; AXA Asia Pacific Holdings Ltd v FCT – Three recent GST cases (Judgments - Reliance, Hornsby, and AXA)
  • Commissioner of Taxation v Futuris Corporation LTd – Judicial review of tax assessment (Judgment)

No. 17 – 8 October 2008 – PDF 423Kb

  • Osland v Secretary to the Department of Justice – Waiver of legal professional privilege (Judgment)
  • Hearne v Street – Recent High Court decision on binding nature of implied undertakings in litigation (Judgment)
  • Kuru v State of New South Wales – Police powers of entry without warrant on private premises where criminal activity
  • apprehended (Judgment)
  • Roads and Traffic Authority v Royal – Liability for damages over road design and construction (Judgment)
  • Roads and Traffic Authority of NSW v Dederer – High Court rules on breach of duty of care (Judgment)

No. 16 – 12 June 2008 – PDF 309Kb

  • O'Donoghue v Ireland; Zentai v Hungary; Williams v United States – Validity of conferral of Commonwealth administrative power on State officers (Judgment)
  • Telstra Corporations Ltd v Commonwealth of Australia – Sharing Australia's telecommunications network: an unjust acquisition of Telstra's property? (Judgment)
  • Attorney-General of the Commonwealth of Australia v Alinta Ltd – Takeovers panel's power valid (Judgment)
  • Betfair Pty Ltd v State of Western Australia – Freedom of interstate betting (Judgment)
  • Gypsy Jokers Motorcycle Club Inc v Commissioner of Police – Kable principle revisited: State law restricting disclosure of information in court proceedings (Judgment)

No. 15 – 20 February 2008 – PDF 314Kb

  • Thomas v Mowbray – Anti-terrorism control orders and the defence power (Judgment)
  • Visnic v Australian Securities and Investments Commission – Disciplinary proceedings and judicial power (Judgment)
  • Attorney-General (NT) v Chaffey; Santos Limited v Chaffey – Acquisition of property: Reduction in workers compensation (Judgment)
  • Roach v Electoral Commissioner & Commonwealth – Prisoners voting in federal elections (Judgment)
  • Bodruddaza v Minister for Immigration and Multicultural Affairs – Time limit on applications to High Court for judicial review of executive decisions (Judgment)
  • Bennett v Commonwealth – Validity of Norfolk Island electoral laws: Section 122 of the Constitution (Judgment)
  • Gordon v Tolcher – Applications of state procedural laws to proceedings in federal jurisdiction (Judgment)
  • Attorney-General (Cth) v Alinta Limited – Judicial power and the Takeovers Panel (Judgment)
  • Attorney-General (Vic) v Andrews – State insurance (Judgment)
  • White v Director of Military Prosecutions – Validity of military tribunals that are not federal courts (Judgment)

No. 14 – 29 November 2006 – PDF 292Kb

  • State of NSW v Commonwealth of Australia – The Work Choices decision (Judgment)
  • Forge v Australian Securities and Investments Commission – Constitutional validity of acting judges (Judgment)
  • XYZ v Commonwealth – The external affairs power and child sex tourism offences (Judgment)
  • Theophanous v Commonwealth – Forfeiture of superannuation benefits (Judgment)
  • Koroitamana v Commonwealth – The constitutional meaning of 'alien' (Judgment)
  • Dalton v New South Wales Crime Commission (Judgment)
  • Vasiljkovic v Commonwealth (Judgment)

No. 13 – 29 November 2005 – PDF 400Kb

  • APLA Limited v Legal Services Commissioner – Advertisement of personal injury legal services (Judgment)
  • Combet v Commonwealth – The workplace relations advertising case (Judgment)
  • Coleman v Power – Freedom of political speech (Judgment)
  • Mulholland v Australian Electoral Commission – Freedom of political speech (Judgment)
  • Al-Kateb v Godwin – Constitutional validity of mandatory immigration detention provisions (Judgment)
  • Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) v Al Khafaji - Constitutional validity of mandatory immigration detention provisions (Judgment)
  • Behrooz v Secretary, Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) - Constitutional validity of mandatory immigration detention provisions (Judgment)
  • Re Woolley; Ex parte Applicants M276/2003 - Constitutional validity of mandatory immigration detention provisions (Judgment)
  • Baker v The Queen – Scope of the Kable principle (Judgment)
  • Fardon v Attorney-General (Qld) – Scope of the Kable principle (Judgment)
  • Permanent Trustee Australia Ltd v Commissioner of State Revenue (Vic) - Validity of the Mirror Taxes Act (Judgment)
  • Singh v Commonwealth (Judgment)
  • Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Ame (Judgment)
  • Re Colonel Aird; Ex parte Alpert (Judgment)
  • BHP Billiton Ltd v Schultz (Judgment)
  • Agtrack (NT) Pty Ltd v Hatfield (Judgment)
  • Paterson v Air Link Pty Ltd (Judgment)

No. 12 – 29 June 2005 – PDF 259KbLN12.pdf

  • Walsh v Australian Taxation Office – Reinstatement where the employment relationship has irrevocably broken down (Judgment)
  • Australian Securities and Investment Commission v Rich & Ors – Admissibility of expert evidence (Judgment)
  • Corey v Attorney-General's Department – Implications of providing misleading information in the security clearance process (Judgment)
  • High Court Rules 2004
  • Swain v Waverley Municipal Council – A municipal council's duty of care to swimmers at surf beach (Judgment)
  • Rummery and Federal Privacy Commissioner and Department of Justice and Community Safety – AAT awards compensation for breach of privacy (Judgment)
  • ACCC v Australian Safeway Stores and Mark Jones – Misuse of market power and price fixing (Judgment)
  • Bennett v Chief Executive Officer of the Australian Customs Service – Quoting the substance of legal advice in negotiations may make it subject to FOI (Judgment)
  • Griffith University v Tang (Judgment)
  • Commissioner of Taxation v Sleight (Judgment)
  • Seven Network (Operations) Limited v Media Entertainment and Arts Alliance (Judgment)

No. 11 – 22 October 2004 – PDF 159Kb

  • Bennett v President, Human Rights and Equal Opportunity Commission – Disclosure of information by APS employees (Judgment)
  • Shaw v Minister for Immigration and Multicultural Affairs – The constitutional meaning of 'alien' (Judgment)
  • Cole v South Tweed Heads Rugby League Football Club Limited – Licensed premises and duty of care for intoxicated patrons (Judgment)
  • North Australian Aboriginal Legal Aid Service Inc v Bradley & Northern Territory (Judgment)
  • Minister for Immigration and Multicultural and Indigenous Affiars v B (Judgment)
  • Bayside City Council v Telstra Corporation Limited (Judgment)
  • Silbert v Director of Public Prosecutions (WA) (Judgment)
  • Putland v The Queen (Judgment)
  • Broadcast Australia Pty Ltd v Minister Assisting the Minister for Natural Resources (Judgment)
  • Blunden v Commonwealth (Judgment)
  • Attorney-General (WA) v Marquet (Judgment)
  • Paliflex Pty Ltd v Chief Commissioner of State Revenue (Judgment)
  • South Sydney City Council v Paliflex Pty Ltd (Judgment)
  • Purvis obo Hoggan v NSW & HREOC (Judgment)
  • Truoung v The Queen (Judgment)

No. 10 – 30 October 2003 – PDF 870Kb

  • British American Tobacco Australia Ltd v Western Australia – The constitution and the States (Judgment)
  • Austin and Anor v Commonwealth – Commonwealth constitutional powers and the States (Judgment)
  • Plaintiff S157 of 2002 v Commonwealth – Constitutional limits on restricting judicial review (Judgment)
  • NEAT Domestic Trading Pty Ltd v AWB Limited – Public law remedies and private bodies (Judgment)
  • Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd (Judgment)
  • Re Maritime Union of Australia; Ex parte CSL Pacific Shipping (Judgment)
  • Oates v Attorney-General of the Commonwealth (Judgment)
  • Fittock v The Queen; Ng v The Queen (Judgment)
  • The Queen v Gee (Judgment)
  • Roberts v Bass (Judgment)
  • Re Minister for Immigration and Multicultural Affairs; Ex parte Te and Re Minister for Immigration and Multicultural Affairs; Ex parte Dang (Judgment)
  • Solomons v District Court of New South Wales (Judgment)
  • Macleod v Australian Securities and Investment Commission (Judgment)

No. 9 – 23 June 2003 – PDF 890Kb

  • Re Minister for Immigration and Multicultural Affiars; Ex parte Lam – Treaties and administrative decision-making: Teoh in question (Judgment)
  • Members of the Yorta Yorta Aboriginal Community v State of Victoria and Ors – Native title (Judgment)
  • The Daniel Corporation International Pty Ltd v Australian Competition and Consumer Commission – Powers to compel production of documents or information (Judgment)
  • Woolworths Limited v Fels; Coles Myer Limited v Fels - Powers to compel production of documents or information (Judgment)
  • Graham Barclay Oysters Pty Ltd v Ryan; Ryan v Great Lakes Council and Ors; State of New South Wales v Ryan and Ors –
  • Governments and public instrumentalities: a reality check on their liability in negligence (Judgment)
  • Boral Besser Masontry Limited (now Boral Masonry Ltd) v Australian Competition and Consumer Commission – Abuse of market power (Judgment)
  • Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd – Unconscionable conduct and the Trade Practices Act (Judgment)

No. 8 – 29 August 2002 – PDF 886KbLN8.pdf

  • Minister for Immigration and Multicultural Affairs v Bhardwaj – Reversal of decisions (Judgment)
  • Luton v Lessels and Child Support Registrar – Validity of child support scheme (Judgment)
  • Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd – Confidentiality of information (Judgment)
  • Sullivan v Moody, State of South Australia and Ors – Determining whether a duty of care exists (Judgment)
  • Regie National des Usines Renault SA v Zhang (Judgment)
  • Pasini v United Mexican States (Judgment)
  • Re McBain; Ex parte Australian Catholic Bishops Conference, Re McBain; Ex parte Attorney-General of the Commonwealth Ex rel Australian Episcopal Conference of the Roman Catholic Church (Judgment)
  • SGH Ltd v Commissioner of Taxation (Judgment)
  • Roxborough v Rothmans of Pall Mall Australia Ltd (Judgment)
  • Cheung v The Queen (Judgment)
  • Wong v The Queen; Leung v The Queen (Judgment)
  • Shergold v Tanner (Judgment)
  • Mobil Oil Australia Ltd v Victoria (Judgment)

No. 7 – 15 October 2001 – PDF 526Kb

  • Re Patterson; Ex parte Taylor – Validity of ministerial appointments (Judgment)
  • Brodie v Singleton Shire Council – End of the road for the highway rule (Judgment)
  • Yougarla v Western Australia (Judgment)
  • Brownlee v The Queen (Judgment)

No. 6 – 20 May 2001 – PDF 1449KbLN06.pdf

  • Tepko Pty Ltd and Others v Water Board – Duty of care in providing advice or information (Judgment)
  • Durham Holdings Pty Ltd v NSW (Judgment)
  • Smith v ANL Ltd (Judgment)
  • Crampton v The Queen (Judgment)
  • Residual Assco Group Ltd v Spalvins (Judgment)
  • Re Macks; Ex parte Saint (Judgment)
  • Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (Judgment)
  • Cheng v The Queen (Judgment)
  • Jones v Bartlett – Landlords duty of care (Judgment)
  • Scott v Davis – Vicarious liability for negligence (Judgment)
  • Corrections Corporation of Australia Pty Ltd v Commonwealth of Australia - The Trade Practices Act and the Commonwealth (Judgment)
  • Austral Pacific Group Ltd (in liq) v Airservices Australia – Claims for contribution and indemnity under State legislation (Judgment)

No. 5 – 28 July 2000 – PDF 1414KbLN05.pdf

  • The Queen v Hughes – Prosecution of Corporation Law Offences (Judgment)
  • Bond v The Queen – Prosecution of Corporation Law Offences (Judgment)
  • Byrnes v The Queen - Prosecution of Corporation Law Offences (Judgment)
  • John Pfeiffer Pty Ltd v Rogerson – Private International Law: Intranational Torts (Judgment)
  • Commonwealth of Australia v CFMEU – Public Interest Immunity: Cabinet Documents (Judgment)
  • Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd – Standing to bring proceedings under the Trade Practices Act (Judgment)
  • Rann v Olsen – Defamation proceedings and Parliamentary privilege (Judgment)

No. 4 – 28 October 1999 – PDF 1472KbLN04.pdf

  • Puntoreiero v Water Administration Ministerial Corporation – Liability of statutory bodies (Judgment)
  • Re Governor, Goulburn Correctional Centre and Director Public Prosecutions (ACT); Ex parte Eastman – The constitutional status of Territory courts (Judgment)
  • Re Wakim; Ex parte McNally / Re Wakim; Ex parte Darvall - Cross-vesting schemes (Judgment)
  • Attorney-General of the Commonwealth v Breckler – Conferral of powers of determination on administrative bodies (Judgment)
  • Perre v Apand Pty Limited – Liability for duty of care (Judgment)

No. 3 – 31 May 1999 – PDF 771KbLN03.pdf

  • Telstra Corporation Limited v Worthing and Anor; Attorney-General of the Commonwealth v Telstra Corporation Limited Anor – State workers compensation laws and the Commonwealth (Judgment)
  • Commonwealth v Western Australia – State mining laws and the Commonwealth (Judgment)
  • James Hardie and Co Pty Ltd v Seltsam Pty Ltd – Liability of co-defendants to damages contributions (Judgment)
  • Bass v Permanent Trustee Co Limited Ors; Conca v Permanent Trustee Co Limited ORs; Woodlands v Permanent Trustee Co Limited Ors – The Trade Practices Act and the states (Judgment)

No. 2 – 27 May 1998 – PDF 1503KbLN02.pdf

  • Gould v Brown – Validity of corporations cross-vesting scheme (Judgment)
  • Commonwealth v WMC Resources Ltd – Acquisition of property (Judgment)
  • Nicolas v R – Validity of s 15X of the Crimes Act 1914 (Judgment)
  • Romeo v Conservation Commission of the Northern Territory – Liability of statutory authorities (Judgment)
  • Pyrenees Shire Council v Day; Eskimo Amber Pty Ltd v Pyrenees Shire Council – Omission by a public authority to exercise statutory duties (Judgment)
  • Oshlack v Richmond River Concil – The award of costs in 'public interest' litigation (Judgment)
  • Canwest Global Communications Corporation v Australian Broadcasting Authority – The meaning of control (Judgment)

No. 1 – 23 August 1997 – PDF 742KbLN01.pdf

  • Re the Residential Tenancies Tribunal of New South Wales and Henderson; Ex parte Defence Housing Authority – The Commonwealth's implied constitutional immunity from state laws (Judgment)
  • Lange v Australian Broadcasting Corporation – Freedom of speech: is it a constitutional right? (Judgment)
  • Levy v Victoria – Freedom of speech: is it a constitutional right? (Judgment)
  • Kruger v Commonwealth; Bray v Commonwealth – Removal of Aboriginal children: the legal issues (Judgment)
  • Commonwealth v Mewett; Commonwealth v Brandon; Commonwealth v Rock – Can a Commonwealth employee sue for employment – related injury? (Judgment)
  • Ha Lim v New South Wales – Duties of excise: the Commonwealth's exclusive power (Judgment)
  • Newcrest Mining (WA) Ltd v Commonwealth – Commonwealth acquisition of property (Judgment)

 

ISSN 1329-458X (Print)

ISSN 2204-6542 (Online)