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High Court of Australia

Hofer v The Queen [2021] HCA 36 (10 November 2021) (Kiefel CJ, Gageler, Keane, Gordon and Gleeson JJ) 10 November 2021
Catchwords: Criminal practice – Appeal – Miscarriage of justice – Application of proviso that no substantial miscarriage of justice actually occurred – Where appellant convicted of sexual offences against two complainants – Where appellant's evidence contradicted complainants' testimonies – Where rule in Browne v Dunn not observed by defence counse […]
Park v The Queen [2021] HCA 37 (10 November 2021) (Kiefel CJ, Gageler, Keane, Edelman and Gleeson JJ) 10 November 2021
Catchwords: Criminal law – Sentence – Plea of guilty – Where appellant sentenced in District Court of New South Wales for multiple offences including taking a conveyance without consent of owner contrary to s 154A(1)(a) of Crimes Act 1900 (NSW) ("offence") – Where maximum penalty for offence five years' imprisonment – Where offence dealt with […]
The Queen v Rolfe [2021] HCA 38 (10 November 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 10 November 2021
Catchwords: Criminal law – Defences – Where respondent member of Northern Territory Police Force – Where respondent alleged to have fatally shot deceased after being deployed to arrest – Where respondent charged with murder and alternative offences under Criminal Code (NT) – Where s 148B of Police Administration Act 1978 (NT) ("Act") provides perso […]
Sunland Group Limited v Gold Coast City Council [2021] HCA 35 (10 November 2021) (Kiefel CJ, Keane, Gordon, Steward and Gleeson JJ) 16 November 2021
Catchwords: Local government – Town planning – Development approvals – Where second appellant purchased undeveloped parcel of land in 2015 – Where preliminary approval granted in 2007 for development project pursuant to Integrated Planning Act 1997 (Qld) – Where preliminary approval contained "conditions" regarding payment of infrastructure contrib […]
Hamilton (a pseudonym) v The Queen [2021] HCA 33 (03 November 2021) (Kiefel CJ, Keane, Edelman, Steward and Gleeson JJ) 2 November 2021
Catchwords: Criminal practice – Trial – Directions to jury – Where appellant charged with ten counts of aggravated indecent assault against three of his children – Where appellant did not seek that counts be tried separately – Where appellant alleged complainants' evidence was inconsistent and had been concocted – Where appellant did not seek anti‑tende […]
Addy v Commissioner of Taxation [2021] HCA 34 (03 November 2021) (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) 9 November 2021
Catchwords: Income tax (Cth) – Where Art 25(1) of Convention between Australia and United Kingdom for Avoidance of Double Taxation and Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains ("United Kingdom convention") provides United Kingdom nationals not be subjected in Australia to "other or more burdensome" […]
Palmer v Western Australia [2021] HCA 31 (13 October 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 13 October 2021
Catchwords: Constitutional law – State Parliament – Legislative power – Where State of Western Australia entered into agreement concerning mining projects in Pilbara region with Mineralogy Pty Ltd and other parties ("co-proponents") including International Minerals Pty Ltd – Where plaintiff controller and beneficial owner of Mineralogy Pty Ltd and […]
Mineralogy Pty Ltd v Western Australia [2021] HCA 30 (13 October 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 12 October 2021
Catchwords: Constitutional law – State Parliament – Legislative power – Where State of Western Australia entered into agreement concerning mining projects in Pilbara region with Mineralogy Pty Ltd and other parties ("co-proponents") including International Minerals Pty Ltd – Where agreement and 2008 variation set out in schedules to, and thereby fo […]
Ridd v James Cook University [2021] HCA 32 (13 October 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 13 October 2021
Catchwords: Industrial law (Cth) – Industrial agreement – Interpretation of Enterprise Agreement – Where Enterprise Agreement and Code of Conduct each applied to all employees of respondent – Where intellectual freedom protected by Enterprise Agreement – Where Enterprise Agreement imposed confidentiality requirements concerning disciplinary processes – Where […]

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