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Home2013October

Month: October 2013

Meet the JADE Search Team

22 October 201322 October 2013 Editor-in-Chief Uncategorized

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High Court of Australia

OKS v Western Australia [2019] HCA 10 (20 March 2019) (Bell, Keane, Nettle, Gordon and Edelman JJ) 19 March 2019
Catchwords: Criminal practice – Appeal against conviction – Application of proviso that no substantial miscarriage of justice actually occurred – Criminal Appeals Act 2004 (WA), s 30(4) – Where jury found appellant guilty of indecently dealing with child under 13 years of age – Where credibility and reliability of complainant's evidence central issue at […]
Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9 (20 March 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 19 March 2019
Catchwords: Criminal practice – Trial – Jury directions – Prasad direction – Where accused charged with murder – Where Prasad direction given over objection at close of Crown case – Where another Prasad direction given at close of defence case – Whether Prasad direction contrary to law and should not be administered to jury determining criminal trial. Crimin […]
Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory [2019] HCA 7 (13 March 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 13 March 2019
Catchwords: Aboriginals – Native title rights – Assessment of compensation – Where "previous exclusive possession act[s]" within meaning of s 23B in Div 2B of Pt 2 of Native Title Act 1993 (Cth) ("NTA") extinguished non-exclusive native title rights and interests held by Ngaliwurru and Nungali Peoples ("Claim Group") – Where Cla […]
Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8 (13 March 2019) (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ) 12 March 2019
Catchwords: Criminal law – Appeal against conviction – Question of law referred to Court of Criminal Appeal – Case stated – Destroying or damaging property – Physical element of offence – Where appellant harnessed himself to ship loader – Where ship loader shut down due to safety concerns – Where ship loader inoperable until appellant removed – Where no alte […]
AB (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) [2019] HCA 6 (27 February 2019) (Nettle J) 28 February 2019
Catchwords: Practice and procedure – High Court – Suppression and non-publication orders – Power to make – Where risk of harm to persons associated with party to proceeding "acute" – Whether non-publication order necessary to protect safety of persons. Words and phrases – "administration of justice", "necessary to protect the safety […]
Williams v Wreck Bay Aboriginal Community Council [2019] HCA 4 (13 February 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 12 February 2019
Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Territories – Inconsistency between Commonwealth and Territory laws – Where Council empowered under Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth) ("Land Grant Act") to grant leases over certain land within Jervis Bay Territory ("JBT") – Where Land Gra […]

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