Getting things done

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High Court of Australia

Private R v Cowen [2020] HCA 31 (09 September 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 9 September 2020
Catchwords: Constitutional law (Cth) – Defence – Military discipline – Where plaintiff charged with assault occasioning actual bodily harm – Where plaintiff and complainant members of Australian Defence Force at time of alleged conduct – Where neither plaintiff nor complainant on duty or in uniform – Where plaintiff charged under s 61(3) of Defence Force Dis […]
Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 (09 September 2020) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) 9 September 2020
Catchwords: Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where s 501(3A) of Migration Act 1958 (Cth) provides that Minister must cancel visa if satisfied person does not pass character test because they have substantial criminal record and person is serving sentence of imprisonment on full-time basis – Where s 501CA(4) provides t […]
Mokhlis v Minister for Home Affairs [2020] HCA 30 (01 September 2020) (Edelman J) 3 September 2020
Catchwords: Administrative law – Migration – Application for constitutional or other writ – Where plaintiff transferred to Australia from Manus Island for medical treatment – Where plaintiff unlawful non-citizen – Where plaintiff held in immigration detention – Where plaintiff alleges he requested removal from Australia – Where plaintiff seeks declarations, […]
Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Minister for Jobs and Industrial Relations v Automotive, Food, Metals, Engineering, Printing and Kindred... [2020] HCA 29 (13 August 2020) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) 3 September 2020
Catchwords: Industrial law (Cth) – Where Fair Work Act 2009 (Cth) contains National Employment Standards ("NES") – Where NES are minimum terms and conditions that apply to all national system employees – Where NES address paid personal/carer's leave – Where s 96(1) of Fair Work Act provides that employees entitled to "10 days" paid p […]
Queensland v Masson [2020] HCA 28 (13 August 2020) (Kiefel CJ, Bell, Keane, Nettle and Gordon JJ) 3 September 2020
Catchwords: Negligence – Standard of care – Breach – Where woman suffering severe asthma attack treated by ambulance officers including intensive care paramedic – Where intensive care paramedic elected to administer intravenous ("IV") salbutamol rather than IV adrenaline in initial phase of treatment due to woman's high heart rate and high blo […]
Berry v CCL Secure Pty Ltd [2020] HCA 27 (05 August 2020) (Bell, Gageler, Keane, Nettle and Edelman JJ) 3 September 2020
Catchwords: Damages – Misleading or deceptive conduct – Where first appellant induced to give up agreement by respondent's misleading or deceptive conduct in contravention of s 52 of Trade Practices Act 1974 (Cth) – Where appellants sought damages pursuant to s 82 of Trade Practices Act referable to amounts payable had agreement not been terminated – Wh […]
Singh v The Queen [2020] HCA 25 (05 August 2020) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 3 September 2020
Catchwords: Appeals – Criminal appeal – Death of appellant – Where appellant died after appeal heard – Where appellant sought order quashing conviction and ordering retrial – Whether possible to make order sought – Whether other order appropriate.
Lewis v Australian Capital Territory [2020] HCA 26 (05 August 2020) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 3 September 2020
Catchwords: Damages – Tort – False imprisonment – Where appellant convicted and sentenced to 12 months' imprisonment served by periodic detention – Where appellant breached obligations of periodic detention – Where appellant liable to arrest without warrant – Where Sentence Administration Board ("Board") required by statute to decide to cancel […]
Minister for Immigration and Border Protection v CED16 [2020] HCA 24 (30 June 2020) (Gageler, Keane, Nettle, Gordon and Edelman JJ) 30 June 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 first respondent protection visa – Where decision referred to Authority for review – […]

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