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High Court of Australia

McPhillamy v The Queen [2018] HCA 52 (08 November 2018) (Kiefel CJ, Bell, Keane, Nettle and Edelman JJ) 7 November 2018
Catchwords: Evidence – Criminal trial – Sexual offences – Tendency evidence – Admissibility – Where appellant acolyte and complainant altar boy – Where appellant alleged to have followed complainant into church's public bathroom and committed offences – Where evidence that appellant, while working as an assistant housemaster, sexually offended against h […]
Wehbe v Minister for Home Affairs [2018] HCA 50 (07 November 2018) (Edelman J) 7 November 2018
Catchwords: Administrative law – Judicial review – Jurisdictional error – Usual requirement that error must be material – When error will be material – Where visa criterion that there is no evidence that plaintiff has given bogus document – Where delegate of Minister for Home Affairs refused visa application because plaintiff provided bogus document – Where […]
Plaintiff S164/2018 v Minister for Home Affairs [2018] HCA 51 (07 November 2018) (Edelman J) 6 November 2018
Catchwords: High Court – Appellate jurisdiction – Leave to appeal – Circumstances when leave necessary – Distinction between interlocutory and final judgment – Where Judiciary Act 1903 (Cth) s 34(2) requires leave to appeal from interlocutory judgment of High Court exercising original jurisdiction – Where single Justice dismissed application for order to sho […]
UBS AG v Tyne [2018] HCA 45 (17 October 2018) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 17 October 2018
Catchwords: Practice and procedure – Permanent stay of proceedings – Abuse of process – Where respondent (in personal capacity) was controlling mind of former trustee and related company – Where respondent (in personal capacity), former trustee and related company commenced proceedings in Supreme Court of New South Wales – Where respondent (in personal […]
ETA067 v The Republic of Nauru [2018] HCA 46 (17 October 2018) (Bell, Keane and Gordon JJ) 17 October 2018
Catchwords: Immigration – Nauru – Refugees – Application for refugee status – Where Secretary of Department of Justice and Border Control determined appellant not refugee – Where Refugee Status Review Tribunal affirmed Secretary's determination – Whether Tribunal failed to act according to principles of natural justice – Whether Tribunal failed to asses […]
WET052 v The Republic of Nauru [2018] HCA 47 (17 October 2018) (Gageler, Keane and Edelman JJ) 17 October 2018
Catchwords: Nauru – Appeal as of right from Supreme Court of Nauru – Refugees – Where Secretary of Department of Justice and Border Control determined appellant not refugee and not owed complementary protection – Where Refugee Status Review Tribunal affirmed Secretary's determination – Where Tribunal made adverse finding as to credibility of appellant – […]

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