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Published 13 March 2017 at 919 × 780 in JADE World (the world of law)

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High Court of Australia

Parry v Secretary, Department of Health [2023] HCA 9 (16 March 2023) (GAGELER J) 15 March 2023
Catchwords: Practice – High Court – Remitter – Judiciary Act 1903 (Cth), s 44 – Whether matter arising under Therapeutic Goods Act 1989 (Cth) should be remitted to Federal Court of Australia – Whether matter suitable to be heard in original jurisdiction of High Court of Australia – Where significant case management and fact finding required. Words and phrase […]
Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 (15 March 2023) (KIEFEL CJ, GAGELER, GORDON, EDELMAN AND GLEESON JJ) 14 March 2023
Catchwords: Intellectual property – Trade marks – Trade Marks Act 1995 (Cth) ("Act") – Trade mark infringement under s 120(1) of Act – Where BOTOX registered as defensive trade mark – Whether "instant Botox® alternative" used as trade mark – Whether "instant Botox® alternative" and PROTOX deceptively similar to defensive trade m […]
Barnett v Secretary, Department of Communities and Justice [2023] HCA 7 (15 March 2023) (KIEFEL CJ, GAGELER, GORDON, GLEESON AND JAGOT JJ) 14 March 2023
Catchwords: Family law – Children – International child abduction – Where child removed from Ireland to Australia by appellant mother without consent of father – Where father granted declaration of guardianship in Ireland – Where respondent sought orders in Australia for return of child to Ireland under Family Law (Child Abduction Convention) Regulations 198 […]
Laundy Hotels (Quarry) Pty Limited v Dyco Hotels Pty Limited [2023] HCA 6 (08 March 2023) (Kiefel CJ, Gageler, Gordon, Gleeson and Jagot JJ) 7 March 2023
Catchwords: Contract – Construction – Where clause in contract for sale and purchase of property and assets of hotel business obliged vendor from contract date until completion to carry on business in "usual and ordinary course as regards its nature, scope and manner" – Where hotel business operated pursuant to licence and gaming machine entitlemen […]
Mitchell v The King [2023] HCA 5 (08 March 2023) (KIEFEL CJ; GAGELER, GORDON, EDELMAN, STEWARD, GLEESON and JAGOT JJ) 7 March 2023
Catchwords: Criminal law – Murder – Appeal against conviction – Extended joint criminal enterprise – Murder and constructive murder provided for by ss 11 and 12A of Criminal Law Consolidation Act 1935 (SA), respectively – Where appellants agreed to commit indictable offence of criminal trespass – Where during commission of offence one or more parties to agre […]
Unions NSW v New South Wales [2023] HCA 4 (15 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) 14 February 2023
Catchwords: Constitutional law (Cth) – Implied freedom of communication on governmental and political matters – Where s 29(11) of the Electoral Funding Act 2018 (NSW) ("EF Act") capped electoral expenditure by third-party campaigners in "capped State expenditure period" before State by-election for Legislative Assembly – Where third-party […]
Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 (15 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) 14 February 2023
Catchwords: Administrative law – Judicial review – Jurisdictional error – Sentencing powers of inferior court – Where s 7 of Crimes (Sentencing Procedure) Act 1999 (NSW) ("Sentencing Procedure Act") empowered sentencing court to make intensive correction order ("ICO") directing that a sentence of imprisonment be served by way of intensive […]
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (08 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ) 7 February 2023
Catchwords: Corporations – Winding up – Insolvency – Voidable transactions – Unfair preferences – Construction of s 588FA(3) of Corporations Act 2001 (Cth) – Where appellants liquidators of debtor company – Where respondent entered into agreement to supply services to debtor company for harvesting and hauling timber – Where respondent continued to provide s […]
Metal Manufactures Pty Limited v Morton [2023] HCA 1 (08 February 2023) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) 7 February 2023
Catchwords: Corporations – Winding up – Insolvency – Set-off – Unfair preferences – Where appellant received payments from company within six-month period prior to winding up – Where liquidator of company sought to recover payments from appellant under s 588FF(1)(a) of Corporations Act 2001 (Cth) ("Act") as unfair preferences under s 588FA of Act – […]

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