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High Court of Australia

Orreal v The Queen [2021] HCA 44 (16 December 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ) 15 December 2021
Catchwords: Criminal practice – Appeal – Miscarriage of justice – Application of proviso that no substantial miscarriage of justice actually occurred – Where appellant convicted of unlawfully and indecently dealing with child under age of 16 years and rape – Where evidence admitted by consent that both appellant and complainant tested positive for herpes sim […]
Deputy Commissioner of Taxation v Huang [2021] HCA 43 (08 December 2021) (Gageler, Keane, Gordon, Edelman and Gleeson JJ) 8 December 2021
Catchwords: Practice and procedure – Freezing orders – Power of Federal Court of Australia to make worldwide freezing order conferred by r 7.32 of Federal Court Rules 2011 (Cth) – Where appellant commenced proceedings against respondent in Federal Court – Where appellant applied to Federal Court for worldwide freezing order – Where assets located in People […]
Bell v Tasmania [2021] HCA 42 (08 December 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 8 December 2021
Catchwords: Criminal law – Defences – Honest and reasonable mistake of fact – Where appellant charged with supplying controlled drug to child contrary to s 14 of Misuse of Drugs Act 2001 (Tas) – Where appellant claimed he honestly and reasonably believed child was adult – Where appellant's conduct, had his belief been true, would have constituted lesser […]
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 (08 December 2021) (Keane, Gordon, Edelman, Steward and Gleeson JJ) 17 January 2022
Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where respondent's temporary visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where representations included bare assertions about conditions in American Sa […]
Arsalan v Rixon [2021] HCA 40 (08 December 2021) (Kiefel CJ, Gageler, Keane, Edelman and Steward JJ) 8 December 2021
Catchwords: Damages – Torts – Negligence – Damage to chattels – Consequential loss – Physical inconvenience and loss of amenity of use – Where respondents owned prestige vehicles – Where prestige vehicles negligently damaged and unavailable during periods of repair – Where appellants liable for costs of repairing vehicles – Where respondents deprived of use […]
Port of Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd [2021] HCA 39 (08 December 2021) (Kiefel CJ, Gageler, Gordon, Steward and Gleeson JJ) 8 December 2021
Catchwords: Trade practices – Competition – Access to services – Where declared service under Pt IIIA of Competition and Consumer Act 2010 (Cth) ("Act") for provision of right to access and use certain infrastructure at Port of Newcastle ("Port") – Where operator of Port fixed navigation service charge and wharfage charge under Ports and […]
Hofer v The Queen [2021] HCA 36 (10 November 2021) (Kiefel CJ, Gageler, Keane, Gordon and Gleeson JJ) 10 November 2021
Catchwords: Criminal practice – Appeal – Miscarriage of justice – Application of proviso that no substantial miscarriage of justice actually occurred – Where appellant convicted of sexual offences against two complainants – Where appellant's evidence contradicted complainants' testimonies – Where rule in Browne v Dunn not observed by defence counse […]
Park v The Queen [2021] HCA 37 (10 November 2021) (Kiefel CJ, Gageler, Keane, Edelman and Gleeson JJ) 10 November 2021
Catchwords: Criminal law – Sentence – Plea of guilty – Where appellant sentenced in District Court of New South Wales for multiple offences including taking a conveyance without consent of owner contrary to s 154A(1)(a) of Crimes Act 1900 (NSW) ("offence") – Where maximum penalty for offence five years' imprisonment – Where offence dealt with […]
The Queen v Rolfe [2021] HCA 38 (10 November 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 10 November 2021
Catchwords: Criminal law – Defences – Where respondent member of Northern Territory Police Force – Where respondent alleged to have fatally shot deceased after being deployed to arrest – Where respondent charged with murder and alternative offences under Criminal Code (NT) – Where s 148B of Police Administration Act 1978 (NT) ("Act") provides perso […]

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