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Month: October 2013

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22 October 201322 October 2013 Editor-in-Chief Uncategorized

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Victorian Reports (Volumes 50, 51, 52)

High Court of Australia

Vella v Commissioner of Police (NSW) [2019] HCA 38 (06 November 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 5 November 2019
Catchwords: Constitutional law (Cth) – Judicial power – Constitution – Ch III – State Parliament – Institutional integrity of State courts – Where s 5(1) of Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) provides that State court may make order if satisfied that specified person has been convicted of serious criminal offence or involved in serious c […]
Fennell v The Queen [2019] HCA 37 (06 November 2019) (Kiefel CJ, Keane, Nettle, Gordon and Edelman JJ) 5 November 2019
Catchwords: Criminal law – Murder – Appeal – Appeal against conviction – Where appellant convicted by jury – Where Crown case based entirely on circumstantial evidence – Where circumstantial evidence related to opportunity and motive and miscellany of other inculpatory matters – Where evidence of opportunity and motive extremely weak – Where evidence connec […]
The Queen v A2; The Queen v Magennis; The Queen v Vaziri [2019] HCA 35 (16 October 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 15 October 2019
Catchwords: Statutes – Construction – Where s 45(1)(a) of Crimes Act 1900 (NSW) provides that a person who "excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person" is liable to imprisonment – Where two respondents charged with having "mutilated the clitoris" of e […]
Commissioner of Taxation v Sharpcan Pty Ltd [2019] HCA 36 (16 October 2019) (Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ) 15 October 2019
Catchwords: Income tax (Cth) – Allowable deductions – Where taxpayer had received percentage of income derived from 18 gaming machines operated by authorised gaming operator under Gambling Regulation Act 2003 (Vic) at its hotel premises – Where Gambling Regulation Act amended to provide for gaming machine entitlements ("GMEs") to be allocated direc […]
Connective Services Pty Ltd v Slea Pty Ltd [2019] HCA 33 (09 October 2019) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 8 October 2019
Catchwords: Companies – Shares – Implied prohibition against financial assistance by company to acquire shares in company – Meaning of "financial assistance" – Where s 260A(1) of Corporations Act 2001 (Cth) provides that company may financially assist a person to acquire shares in the company only if giving the assistance does not materially prejud […]
BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 (09 October 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 8 October 2019
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where decision by delegate of Minister for Immigration and Border Protection to refuse protection visa referred to Authority for review – Where Secretary of Department […]
Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (09 October 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 8 October 2019
Catchwords: Restitution – Unjust enrichment – Work and labour done – Where land owners and builder entered into contract to which Domestic Building Contracts Act 1995 (Vic) applied – Where contract provided for progress payments at completion of stages – Where owners requested, and builder carried out, variations to plans and specifications in contract witho […]
Taylor v Attorney-General (Cth) [2019] HCA 30 (11 September 2019) ( Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 11 September 2019
Catchwords: Criminal practice – Private prosecution – Authority to prosecute – Where private citizen sought to commence criminal proceeding for offence of crime against humanity contrary to s 268.11 of Criminal Code (Cth) – Where offence located within Div 268 of Criminal Code – Where s 268.121(1) provides that proceedings under Div 268 must not be commenced […]
Minogue v Victoria [2019] HCA 31 (11 September 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 11 September 2019
Catchwords: Constitutional law – State Parliament – Constitution – Ch III – Where plaintiff convicted of murder of police officer – Where plaintiff sentenced to imprisonment for life with non-parole period – Where plaintiff's non-parole period expired – Where s 74AB of Corrections Act 1986 (Vic) prevented making of parole order in respect of plaintiff u […]

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