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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

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 […]
Lee v Lee [2019] HCA 28 (04 September 2019) (Kiefel CJ, Bell, Gageler, Nettle and Edelman JJ) 4 September 2019
Catchwords: Insurance law – Motor vehicles – Personal injury – Where appellant injured in motor vehicle collision – Where appellant gave evidence father driving vehicle at time of collision – Where appellant alleged injuries caused by negligence of father – Where appellant’s blood located on driver's airbag – Where expert evidence relating to possible s […]
Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 (04 September 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 4 September 2019
Catchwords: Practice and procedure – Costs – Legal practitioners – Barristers – Where self‑represented litigant may not obtain any recompense for value of his or her time spent in litigation – Where exception commonly referred to as "Chorley exception" exists for a self-represented litigant who is a solicitor – Where first respondent is a barrister […]
Brisbane City Council v Amos [2019] HCA 27 (04 September 2019) (Kiefel CJ, Gageler, Keane, Nettle and Edelman JJ) 4 September 2019
Catchwords: Limitation of actions – Debts created by statute – Debts secured by charge – Where Council commenced proceeding against respondent for overdue rates and charges – Where overdue rates and charges secured by charge – Where respondent argued claim was an action to recover a sum recoverable by virtue of an enactment under s 10(1)(d) of Limitation of […]
Glencore International AG v Commissioner of Taxation [2019] HCA 26 (14 August 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 14 August 2019
Catchwords: Privilege – Legal professional privilege – Where documents identified by plaintiffs as having been created by law practice for sole or dominant purpose of provision of legal advice to plaintiffs – Where privileged documents stolen from electronic file management system of law practice and disseminated – Where documents obtained by defendants – Wh […]
Northern Territory v Sangare [2019] HCA 25 (14 August 2019) (Kiefel CJ, Bell, Gageler, Keane and Nettle JJ) 14 August 2019
Catchwords: Practice and procedure – Costs – Where respondent commenced defamation proceedings against appellant – Where appellant wholly successful on appeal and at first instance – Where appellant sought order that respondent pay its costs – Where Court of Appeal made no order as to costs because respondent's impecuniosity would likely render order fu […]
Palmer v Australian Electoral Commission [2019] HCA 24 (14 August 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 14 August 2019
Catchwords: Parliamentary elections (Cth) – House of Representatives – Counting of votes – Where s 274(2A)-(2C) of Commonwealth Electoral Act 1918 (Cth) provides for indicative two-candidate preferred count in each Division – Where s 7(3) of Commonwealth Electoral Act confers power on Australian Electoral Commission to do all things necessary or convenient f […]
Comcare v Banerji [2019] HCA 23 (07 August 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 7 August 2019
Catchwords: Constitutional law (Cth) – Implied freedom of communication on governmental and political matters – Where Australian Public Service ("APS") Code of Conduct ("Code") included requirement in s 13(11) of Public Service Act 1999 (Cth) that employees behave in way that upholds APS Values and integrity and good reputation of APS – W […]

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