Getting things done

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High Court of Australia

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 […]
GBF v The Queen [2020] HCA 40 (04 November 2020) (Kiefel CJ, Bell, Keane, Gordon and Edelman JJ) 3 November 2020
Catchwords: Criminal practice – Trial – Directions to jury – Where appellant charged in seven counts with sexual offences allegedly committed against complainant half-sister when she was 13 and 14 years old – Where prosecution case wholly dependent on acceptance of complainant's evidence – Where appellant did not give or call evidence at trial – Where t […]
Re Golding [2020] HCA 38 (21 October 2020) (Nettle J) 20 October 2020
Catchwords: High Court – Appellate jurisdiction – Application for special leave to appeal – Abuse of process – Where applicant applied for special leave to appeal – Where applicant previously made application for special leave to appeal – Where previous application for special leave refused – Where substance of subsequent application for special leave substa […]
Hsiao v Fazarri [2020] HCA 35 (14 October 2020) (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ) 13 October 2020
Catchwords: Family law – Property settlements – Where respondent husband made gift to appellant wife of ten per cent interest in residential dwelling ("the property") – Where respondent subsequently signed transfer of land giving appellant further 40 per cent interest in the property – Where parties registered as joint tenants then executed deed of […]
AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 (14 October 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 14 October 2020
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where delegate of Minister for Immigration and Border Protection refused to grant appellant protection visa – Where decision referred to Authority for review – Where a […]
The Queen v Abdirahman-Khalif [2020] HCA 36 (14 October 2020) (Bell, Gageler, Keane, Nettle and Gordon JJ) 15 October 2020
Catchwords: Criminal law (Cth) – Terrorism – Membership of terrorist organisation – Where respondent convicted of offence of intentionally being member of terrorist organisation contrary to s 102.3(1) of Criminal Code (Cth) – Where s 102.1 provided "member" of terrorist organisation includes person who has taken steps to become member of organisati […]
ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 (14 October 2020) (Kiefel CJ,Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 13 October 2020
Catchwords: Immigration – Refugees – Application for protection visa – Immigration Assessment Authority ("IAA") – Review by IAA under Pt 7AA of Migration Act 1958 (Cth) – Where delegate of Minister for Immigration and Border Protection ("Minister") refused to grant appellant temporary protection visa – Where delegate accepted appellant […]

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