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RSS High Court of Australia

  • The Queen v A2; The Queen v Magennis; The Queen v Vaziri [2019] HCA 35 (16 October 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 15 October 2019
    Catchwords: Statutes – Construction – Where s 45(1)(a) of Crimes Act 1900 (NSW) provides that a person who "excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person" is liable to imprisonment – Where two respondents charged with having "mutilated the clitoris" of e […]
  • Commissioner of Taxation v Sharpcan Pty Ltd [2019] HCA 36 (16 October 2019) (Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ) 15 October 2019
    Catchwords: Income tax (Cth) – Allowable deductions – Where taxpayer had received percentage of income derived from 18 gaming machines operated by authorised gaming operator under Gambling Regulation Act 2003 (Vic) at its hotel premises – Where Gambling Regulation Act amended to provide for gaming machine entitlements ("GMEs") to be allocated direc […]
  • Connective Services Pty Ltd v Slea Pty Ltd [2019] HCA 33 (09 October 2019) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 8 October 2019
    Catchwords: Companies – Shares – Implied prohibition against financial assistance by company to acquire shares in company – Meaning of "financial assistance" – Where s 260A(1) of Corporations Act 2001 (Cth) provides that company may financially assist a person to acquire shares in the company only if giving the assistance does not materially prejud […]
  • BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 (09 October 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 8 October 2019
    Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where decision by delegate of Minister for Immigration and Border Protection to refuse protection visa referred to Authority for review – Where Secretary of Department […]
  • Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (09 October 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 8 October 2019
    Catchwords: Restitution – Unjust enrichment – Work and labour done – Where land owners and builder entered into contract to which Domestic Building Contracts Act 1995 (Vic) applied – Where contract provided for progress payments at completion of stages – Where owners requested, and builder carried out, variations to plans and specifications in contract witho […]
  • Taylor v Attorney-General (Cth) [2019] HCA 30 (11 September 2019) ( Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 11 September 2019
    Catchwords: Criminal practice – Private prosecution – Authority to prosecute – Where private citizen sought to commence criminal proceeding for offence of crime against humanity contrary to s 268.11 of Criminal Code (Cth) – Where offence located within Div 268 of Criminal Code – Where s 268.121(1) provides that proceedings under Div 268 must not be commenced […]
  • Minogue v Victoria [2019] HCA 31 (11 September 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 11 September 2019
    Catchwords: Constitutional law – State Parliament – Constitution – Ch III – Where plaintiff convicted of murder of police officer – Where plaintiff sentenced to imprisonment for life with non-parole period – Where plaintiff's non-parole period expired – Where s 74AB of Corrections Act 1986 (Vic) prevented making of parole order in respect of plaintiff u […]
  • Lee v Lee [2019] HCA 28 (04 September 2019) (Kiefel CJ, Bell, Gageler, Nettle and Edelman JJ) 4 September 2019
    Catchwords: Insurance law – Motor vehicles – Personal injury – Where appellant injured in motor vehicle collision – Where appellant gave evidence father driving vehicle at time of collision – Where appellant alleged injuries caused by negligence of father – Where appellant’s blood located on driver's airbag – Where expert evidence relating to possible s […]
  • Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 (04 September 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 4 September 2019
    Catchwords: Practice and procedure – Costs – Legal practitioners – Barristers – Where self‑represented litigant may not obtain any recompense for value of his or her time spent in litigation – Where exception commonly referred to as "Chorley exception" exists for a self-represented litigant who is a solicitor – Where first respondent is a barrister […]

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