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Month: October 2013

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22 October 201322 October 2013 Editor-in-Chief Uncategorized

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High Court of Australia

Masson v Parsons [2019] HCA 21 (19 June 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 8 July 2019
Catchwords: Constitutional law (Cth) – Courts – Federal courts – Federal jurisdiction – Matter arising under Commonwealth law – Where Commonwealth law provides rules in respect of parentage of children born of artificial conception procedures – Where State law provides irrebuttable presumption that biological father of child conceived by fertilisation proced […]
Northern Territory v Griffiths [No 2] [2019] HCA 19 (19 June 2019) (Nettle J) 19 June 2019
Catchwords: Practice and procedure – High Court – Suppression and non-publication orders – Power to make – Where expert evidence and gender restricted evidence of senior males of Ngaliwurru and Nungali Peoples admitted in support of compensation claims in native title proceedings – Whether suppression or non-publication orders in respect of such evidence nec […]
Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (19 June 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 27 June 2019
Catchwords: Corporations – External administration – Receivers and other controllers of property – Priority debts – Where corporation carrying on business solely as trustee created circulating security interest over trust assets in favour of bank – Where receivers and managers appointed by bank realised trust assets and satisfied obligations to bank – Whethe […]
Australian Securities and Investments Commission v Kobelt [2019] HCA 18 (12 June 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 12 June 2019
Catchwords: Trade practices – Consumer protection – Unconscionable conduct – Where s 12CB(1) of Australian Securities and Investments Commission Act 2001 (Cth) relevantly prohibited "unconscionable" conduct in trade or commerce in connection with supply or possible supply of financial services – Where respondent provided "book-up" credit […]
Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17 (12 June 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 12 June 2019
Catchwords: Immigration – Unlawful non-citizens – Detention pending removal from Australia – Where s 189 of Migration Act 1958 (Cth) requires unlawful non‑citizen be detained – Where s 196 requires unlawful non-citizen detained under s 189 be kept in immigration detention – Where plaintiff an unlawful non‑citizen – Where plaintiff arrived in migration zone u […]
Frugtniet v Australian Securities and Investments Commission [2019] HCA 16 (15 May 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 15 May 2019
Catchwords: Administrative law (Cth) – Administrative Appeals Tribunal – Nature and scope of review – Where appellant's convictions spent under Pt VIIC of Crimes Act 1914 (Cth) – Where Div 3 of Pt VIIC of Crimes Act prohibited Australian Securities and Investments Commission ("ASIC") from taking into consideration spent convictions in deciding […]
Rinehart v Hancock Prospecting Pty Ltd [2019] HCA 13 (08 May 2019) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) 8 May 2019
Catchwords: Contract – Construction – Dispute resolution clause – Arbitration – Where arbitral clause in deeds provided for confidential arbitration in event of any dispute "under this deed" – Where deeds came into existence against background of claims and threats of litigation made publicly by one party to deeds against others – Where deeds conta […]
Parkes Shire Council v South West Helicopters Pty Limited [2019] HCA 14 (08 May 2019) (Kiefel CJ, Bell, Keane, Gordon and Edelman JJ) 8 May 2019
Catchwords: Aviation – Carriage of passengers by air – Accident – Carrier's liability – Where respondent engaged by appellant to carry out survey using helicopter – Where passenger aboard helicopter killed in crash – Where Pt IV of Civil Aviation (Carriers' Liability) Act 1959 (Cth) applied – Where s 28 provided that carrier liable for damage susta […]
Gary Douglas Spence v State of Queensland [2019] HCA 15 (17 April 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 15 May 2019
Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Federal elections – Severance – Where s 51(xxxvi) in application to ss 10 and 31 of Constitution conferred legislative power on Commonwealth Parliament with respect to federal elections – Where Commonwealth Parliament enacted s 302CA within Div 3A of Pt XX of Commonwealth Electoral Ac […]

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