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High Court of Australia

Pell v The Queen [2020] HCA 12 (07 April 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 7 April 2020
Catchwords: Criminal law – Sexual offences against children – Appeal against conviction by jury on ground that verdict unreasonable or cannot be supported having regard to whole of evidence – Where prosecution case wholly dependent upon acceptance of truthfulness and reliability of complainant's account – Where jury assessed complainant's evidence […]
Swan v The Queen [2020] HCA 11 (18 March 2020) (Bell, Keane, Nettle, Gordon and Edelman JJ) 18 March 2020
Catchwords: Criminal law – Murder – Causation – Where appellant's assault caused serious injury to victim – Where victim suffered severe deterioration in quality of life as a consequence of assault – Where victim later suffered fractured femur requiring surgery – Where decision made not to undergo possible life-saving surgery – Whether sufficient eviden […]
Strbak v The Queen [2020] HCA 10 (18 March 2020) (Kiefel CJ, Bell, Keane, Nettle and Edelman JJ) 18 March 2020
Catchwords: Criminal law – Sentence – Manslaughter – Where appellant pleaded guilty to manslaughter – Where hearing held to determine factual basis upon which appellant to be sentenced – Where acts comprising offence disputed – Where appellant failed to give evidence at sentencing hearing – Whether sentencing judge applied R v Miller [2004] 1 Qd R 548 – Whet […]
Western Australia v Manado [2020] HCA 9 (18 March 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 18 March 2020
Catchwords: Aboriginals – Native title to land and waters – Determinations of – Native title rights and interests – Where s 212(2) of Native Title Act 1993 (Cth) provided that Commonwealth, State or Territory may by legislation confirm existing public access to and enjoyment of beaches and other categories of lands or waters – Where Parliament of Western Aus […]
The Queen v Guode [2020] HCA 8 (18 March 2020) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) 18 March 2020
Catchwords: Criminal law – Sentence – Irrelevant consideration – Where respondent pleaded guilty to murder contrary to common law and to infanticide and attempted murder contrary to ss 6(1) and 321M of Crimes Act 1958 (Vic) respectively – Where primary judge sentenced respondent to 26 years and six months' imprisonment with non-parole period of 20 years […]
Commissioner of State Revenue v Rojoda Pty Ltd [2020] HCA 7 (18 March 2020) (Bell, Gageler, Keane, Nettle and Edelman JJ) 18 March 2020
Catchwords: Stamp duties – Declaration of trust – Partnership – Dissolution – Partnership assets – Nature of partners' rights in relation to partnership assets – Where freehold titles to land held by two partners as joint tenants – Where other partners not registered title holders – Where partnerships dissolved but not wound up upon death of one partner […]
KMC v Director of Public Prosecutions (SA) [2020] HCA 6 (18 March 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 18 March 2020
Catchwords: Criminal law – Sentence – Offence of persistent sexual exploitation of child – Where applicant convicted of persistent sexual exploitation of child contrary to s 50(1) of Criminal Law Consolidation Act 1935 (SA) ("CLCA") – Where Chiro v The Queen (2017) 260 CLR 425 handed down after sentencing – Where Chiro required sentencing judge to […]
BHP Billiton Limited v Commissioner of Taxation [2020] HCA 5 (11 March 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 11 March 2020
Catchwords: Income tax (Cth) – Assessable income – Controlled foreign companies – Where Pt X of Income Tax Assessment Act 1936 (Cth) ("Act") attributes income of controlled foreign company ("CFC") to Australian resident taxpayer who has sufficiently substantial interest in it – Where BHP Billiton Marketing AG ("BMAG") CFC of BHP […]
Australian Securities and Investments Commission v King [2020] HCA 4 (11 March 2020) (Kiefel CJ, Gageler, Keane, Nettle and Gordon JJ) 16 March 2020
Catchwords: Corporations – Officers – Meaning of "officer" of corporation – Where para (b)(ii) of definition in s 9 of Corporations Act 2001 (Cth) defined "officer" of corporation as person who had capacity to affect significantly corporation's financial standing – Where MFS Investment Management Pty Ltd ("MFSIM") responsib […]

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