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High Court of Australia

Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 (08 September 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 8 September 2021
Catchwords: Defamation – Publication – Where appellants were media companies – Where each appellant created, operated and maintained public Facebook page – Where each appellant created posts on Facebook page hyperlinking to news stories referring to respondent – Where third-party Facebook users left "comments" on appellants' posts – Where comm […]
Director of Public Prosecutions Reference No 1 of 2019 [2021] HCA 26 (01 September 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 1 September 2021
Catchwords: Criminal law – Recklessness – Where s 17 of Crimes Act 1958 (Vic) provides that person who, without lawful excuse, recklessly causes serious injury is guilty of indictable offence – Where Court of Appeal of Supreme Court of Victoria in R v Campbell [1997] 2 VR 585 held that recklessness means person foresaw that serious injury probably will resul […]
Chetcuti v Commonwealth of Australia [2021] HCA 25 (12 August 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 12 August 2021
Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Naturalisation and aliens – Deportation – Where appellant entered Australia before commencement of Nationality and Citizenship Act 1948 (Cth) – Where appellant born in Malta and entered Australia as British subject – Where appellant became citizen of United Kingdom and Colonies in 194 […]
KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 24 (04 August 2021) (Edelman J) 4 August 2021
Catchwords: Administrative law – Migration – Application for Safe Haven Enterprise Visa ("visa") – Where first delegate of Minister held delegation to make decision under s 65 but not s 501 of Migration Act 1958 (Cth) to consider plaintiff's application for visa – Where referral process required first delegate to refer plaintiff's applica […]
Deputy Commissioner of Taxation v Shi [2021] HCA 22 (04 August 2021) (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) 4 August 2021
Catchwords: Evidence – Privilege against self-incrimination – Where appellant obtained ex parte orders freezing worldwide assets of respondent – Where disclosure orders made in connection with freezing orders required disclosure of worldwide assets – Where respondent objected to disclosure of certain information on basis that it may tend to self-incriminate […]
WorkPac Pty Ltd v Rossato [2021] HCA 23 (04 August 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 4 August 2021
Catchwords: Industrial law (Cth) – Contract of employment – Nature of casual employment – Where first respondent employed by appellant labour-hire company under series of six employment contracts or "assignments" – Where first respondent treated as casual employee – Where first respondent not paid entitlements owed by employers to non‑casual employ […]
The Commonwealth v AJL20 [2021] HCA 21 (23 June 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 23 June 2021
Catchwords: Constitutional law (Cth) – Immigration – Tort – False imprisonment – Where respondent "unlawful non-citizen" detained by Executive under ss 189(1) and 196(1) of Migration Act 1958 (Cth) – Whether period of executive detention authorised and required by ss 189(1) and 196(1) ceases when removal of "unlawful non-citizen" from Aus […]
Price v Spoor [2021] HCA 20 (23 June 2021) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) 23 June 2021
Catchwords: Limitation of actions – Exclusion by agreement – Where mortgages over land secured loan – Where mortgagors failed to repay loan – Where mortgagees brought proceedings to recover monies owing and possession of land secured by mortgages – Where mortgagors contended mortgagees statute-barred from enforcing rights under mortgages as a result of expir […]
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft [2021] HCA 19 (16 June 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ) 16 June 2021
Catchwords: Immigration – Visas – Application for special category visa – Where respondent's special category visa purportedly cancelled and respondent required to depart Australia in 2018 – Where purported cancellation decision subsequently quashed – Where respondent returned to Australia and refused a special category visa on the basis she was a […]

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