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High Court of Australia

Gerner v Victoria [2020] HCA 48 (10 December 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 10 December 2020
Catchwords: Constitutional law (Cth) – Implications from Constitution – Where directions made under s 200(1)(b) and (d) of Public Health and Wellbeing Act 2008 (Vic) restricted movement of persons within Victoria – Where plaintiffs sought declarations that directions and s 200(1)(b) and (d) of Public Health and Wellbeing Act were invalid as an infringement o […]
Roy v O'Neill [2020] HCA 45 (09 December 2020) (Kiefel CJ, Bell, Gageler, Keane and Edelman JJ) 9 December 2020
Catchwords: Evidence – Admissibility – Trespass – Where appellant charged with breach of Domestic Violence Order ("DVO") – Where DVO included condition that appellant not remain in her partner's presence while intoxicated – Where police attended unit occupied by appellant and her partner for purpose of DVO check – Where police engaged in wider […]
Minister for Home Affairs v DUA16 [2020] HCA 46 (09 December 2020) (Kiefel CJ, Bell, Keane, Gordon and Edelman JJ) 9 December 2020
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where applicants engaged registered migration agent to provide submissions to Authority – Where agent fraudulently provided pro forma submissions – Where fraudulent su […]
Peniamina v The Queen [2020] HCA 47 (09 December 2020) (Bell, Gageler, Keane, Gordon and Edelman JJ) 9 December 2020
Catchwords: Criminal law – Defences – Provocation – Where appellant killed his wife in circumstances that left it open to find he was angered by belief she had been unfaithful and planned to leave him – Where appellant pleaded not guilty to murder on basis that killing resulted from loss of self-control caused by provocation by deceased – Where appellant con […]
Clayton v Bant [2020] HCA 44 (02 December 2020) (Kiefel CJ, Bell, Gageler, Gordon and Edelman JJ) 1 December 2020
Catchwords: Family law – Foreign divorce – Property settlements – Spousal maintenance – Res judicata – Where appellant wife and respondent husband married in Dubai in 2007 and lived partly in Australia and partly in United Arab Emirates – Where wife and husband separated in 2013 with wife and child remaining in Australia – Where wife commenced proceedings in […]
Minister for Home Affairs v DMA18 as litigation guardian for DLZ18 [2020] HCA 43 (02 December 2020) (Kiefel CJ, Bell, Gageler, Keane and Gordon JJ) 1 December 2020
Catchwords: Immigration – Regional processing – Statutory bar on legal proceedings – Where s 494AB(1) of Migration Act 1958 (Cth) provided that certain "proceedings against the Commonwealth may not be instituted or continued in any court" – Where those proceedings, listed in s 494AB(1)(a)-(d), were all "proceedings relating to" a particul […]
Chetcuti v Commonwealth of Australia [2020] HCA 42 (26 November 2020) (Nettle J) 27 November 2020
Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Naturalisation and aliens – Deportation – Where plaintiff entered Australia in 1948, before commencement of Nationality and Citizenship Act 1948 (Cth) – Where plaintiff born in Malta and entered Australia as a British subject – Where plaintiff became citizen of United Kingdom and Colo […]
Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (12 November 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 17 November 2020
Catchwords: Patents – Infringement – Where printer ink cartridges embodied inventions claimed in two patents – Where used cartridges acquired by third party and modified for re-use – Where modified cartridges imported into Australia for sale to public – Where patentee alleged infringement of patent rights – Where s 13(1) of Patents Act 1990 (Cth) provides pa […]
Deguisa v Lynn [2020] HCA 39 (04 November 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 3 November 2020
Catchwords: Real property – Torrens system – Where appellants registered proprietors of land – Where appellants obtained planning approval to subdivide land and build two townhouses – Where present certificate of title for land referred to memorandum of encumbrance which prohibited erection of any buildings other than "a dwellinghouse" and prohibit […]

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