Getting things done

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High Court of Australia

Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 (11 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 11 May 2022
Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where plaintiff's visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where plaintiff made representations seeking revocation of cancellation decision under s 501CA(4) – Where representations raised potential breach of Australia's international non‑refoul […]
Fairbairn v Radecki [2022] HCA 18 (11 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 11 May 2022
Catchwords: Family law – De facto financial cause – Alteration of property interests – Meaning of "breakdown of de facto relationship" – Where appellant and respondent had been in de facto relationship and resided in appellant's home – Where appellant and respondent agreed to keep assets strictly separate – Where appellant subsequently suffere […]
Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 (04 May 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 4 May 2022
Catchwords: Constitutional law (Cth) – Chapter III – Where respondent's complaint made under Anti‑Discrimination Act 1998 (Tas) ("State Act") was referred to Anti-Discrimination Tribunal ("Tribunal") – Where appellants in defence asserted provisions in State Act inconsistent with Disability Discrimination Act 1992 (Cth) and Disabilit […]
Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 (21 April 2022) (Gordon J) 20 April 2022
Catchwords: Immigration – Refugees – Application for protection visa – Where plaintiff invited to attend protection visa interview in Melbourne – Where delegate of Minister sent plaintiff letters under ss 56 and 57 of Migration Act 1958 (Cth) requesting further information and inviting plaintiff to comment on information – Where plaintiff lived in Sydney, su […]
Hoang v The Queen [2022] HCA 14 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 13 April 2022
Catchwords: Criminal practice – Jury trial – Where s 53A(1)(c) of Jury Act 1977 (NSW) provided for mandatory discharge of juror where juror engaged in misconduct in relation to trial – Where misconduct included conduct constituting offence against Jury Act – Where offence against s 68C(1) of Jury Act for juror to make inquiry for purpose of obtaining informa […]
Australian Building and Construction Commissioner v Pattinson [2022] HCA 13 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 13 April 2022
Catchwords: Industrial law (Cth) – Pecuniary penalties – Determination of appropriate penalty – Where s 349(1) of Fair Work Act 2009 (Cth) ("Act") relevantly provided that person must not knowingly or recklessly make false or misleading representation about another person's obligation to engage in industrial activity – Where s 546 of Act empow […]
Kozarov v Victoria [2022] HCA 12 (13 April 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 13 April 2022
Catchwords: Negligence – Causation – Workplace injury – Psychiatric injury – Where appellant employed in Specialist Sexual Offences Unit of Victorian Office of Public Prosecutions ("OPP") – Where appellant found to have suffered psychiatric injury resulting from vicarious trauma suffered in employment – Whether respondent failed to take reasonable […]
Tapp v Australian Bushmen's Campdraft and Rodeo Association Limited [2022] HCA 11 (06 April 2022) (Kiefel CJ, Keane, Gordon, Edelman and Gleeson JJ) 6 April 2022
Catchwords: Tort – Negligence – Breach of duty of care – Causation – Obvious risk of dangerous recreational activity – Where appellant competing in campdraft competition – Where campdrafting a dangerous recreational activity – Where appellant's horse slipped and fell causing serious injury to appellant – Where four other contestants had falls prior to a […]
Commissioner of Taxation v Carter [2022] HCA 10 (06 April 2022) (Gageler, Gordon, Edelman, Steward and Gleeson JJ) 6 April 2022
Catchwords: Income Tax (Cth) – Trusts – Where s 97(1) of Income Tax Assessment Act 1936 (Cth) provides that where beneficiary of trust estate not under any legal disability is presently entitled to share of income of trust estate, assessable income of beneficiary shall include so much of that share of net income of trust estate as is attributable to period w […]

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Getting things done

Getting things done

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