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Monthly Archives: October 2013

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This entry was posted in Uncategorized on 22 October 2013 by Editor-in-Chief.

High Court of Australia

Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 (13 August 2020) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) 13 August 2020
Catchwords: Industrial law (Cth) – Where Fair Work Act 2009 (Cth) contains National Employment Standards ("NES") – Where NES are minimum terms and conditions that apply to all national system employees – Where NES address paid personal/carer's leave – Where s 96(1) of Fair Work Act provides that employees entitled to "10 days" paid p […]
Queensland v Masson [2020] HCA 28 (13 August 2020) (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ) 13 August 2020
Catchwords: Negligence – Standard of care – Breach – Where woman suffering severe asthma attack treated by ambulance officers including intensive care paramedic – Where intensive care paramedic elected to administer intravenous ("IV") salbutamol rather than IV adrenaline in initial phase of treatment due to woman's high heart rate and high blo […]
Berry v CCL Secure Pty Ltd [2020] HCA 27 (05 August 2020) (Bell, Gageler, Keane, Nettle and Edelman JJ) 5 August 2020
Catchwords: Damages – Misleading or deceptive conduct – Where first appellant induced to give up agreement by respondent's misleading or deceptive conduct in contravention of s 52 of Trade Practices Act 1974 (Cth) – Where appellants sought damages pursuant to s 82 of Trade Practices Act referable to amounts payable had agreement not been terminated – Wh […]
Singh v The Queen [2020] HCA 25 (05 August 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 5 August 2020
Catchwords: Appeals – Criminal appeal – Death of appellant – Where appellant died after appeal heard – Where appellant sought order quashing conviction and ordering retrial – Whether possible to make order sought – Whether other order appropriate.
Lewis v Australian Capital Territory [2020] HCA 26 (05 August 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 5 August 2020
Catchwords: Damages – Tort – False imprisonment – Where appellant convicted and sentenced to 12 months' imprisonment served by periodic detention – Where appellant breached obligations of periodic detention – Where appellant liable to arrest without warrant – Where Sentence Administration Board ("Board") required by statute to decide to cancel […]
Minister for Immigration and Border Protection v CED16 [2020] HCA 24 (30 June 2020) (Gageler, Keane, Nettle, Gordon and Edelman JJ) 30 June 2020
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where delegate of Minister for Immigration and Border Protection refused to grant first respondent protection visa – Where decision referred to Authority for review – […]
Nguyen v The Queen [2020] HCA 23 (30 June 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 30 June 2020
Catchwords: Evidence – Criminal trial – Mixed statements – Where appellant interviewed by police prior to being charged – Where appellant made inculpatory and exculpatory statements during interview ("mixed statements") – Where recorded interview relevant and admissible – Where recorded interview not tendered by prosecution at trial – Whether prose […]
Binsaris v Northern Territory [2020] HCA 22 (03 June 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 3 June 2020
Catchwords: Tort – Battery – Statutory authorisation – Where CS gas (form of tear gas) used by prison officer in youth detention centre – Where prison officer called to assist at youth detention centre – Where detainees exposed to CS gas claimed damages for battery – Where device used to deploy CS gas prohibited weapon under Weapons Control Act (NT) – Whethe […]
Cumberland v The Queen [2020] HCA 21 (03 June 2020) (Bell, Gageler and Nettle JJ) 3 June 2020
Catchwords: Criminal practice – Appeal – Crown appeal against sentence – Where appellant sentenced on pleas of guilty to six offences arising out of course of commercial dealing in cannabis plant material and MDMA – Where prosecution appealed against sentence on ground of manifest inadequacy – Where three-member Bench of Court of Criminal Appeal ("CCA […]

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