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High Court of Australia

Realestate.com.au Pty Ltd v Hardingham [2022] HCA 39 (14 December 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) 14 December 2022
Catchwords: Contract – Informal agreements – Implied term – Inferred term – Copyright – Where real estate agencies informally commissioned professional photographer and his company to take photographs and prepare floor plans of properties for use on platforms concerning marketing of properties for sale or lease – Where photographs and floor plans provided to […]
Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 (14 December 2022) (Kiefel CJ, Gageler, Edelman, Steward and Gleeson JJ) 12 January 2023
Catchwords: Insurance – Contract of insurance – Where insured body corporate knew that apartment buildings had serious non-structural defects which it did not disclose to insurer – Where cyclone caused substantial damage to apartment buildings and exposed defects – Where insurer advised insured that it would provide indemnity despite non‑disclosure – Where e […]
Electricity Networks Corporation v Herridge Parties [2022] HCA 37 (07 December 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) 7 December 2022
Catchwords: Negligence – Duty of care – Where appellant statutory corporation ("Western Power") undertook, operated, managed and maintained electricity distribution system under interconnected statutory framework – Where distribution system delivered electricity to consumers' premises – Where pursuant to statutory powers in performing statutor […]
Awad v The Queen [2022] HCA 36 (09 November 2022) (Kiefel CJ, Gordon, Edelman, Steward and Gleeson JJ) 8 November 2022
Catchwords: Criminal Practice – Appeal – Error or irregularity in trial – Directions to jury – Where credibility of one accused giving evidence central to both trials – Where trial judge directed jury that innocent person can do nothing more than give evidence – Where trial judge directed jury that guilty person may give evidence in hope or belief they will […]
TL v The King [2022] HCA 35 (19 October 2022) (Kiefel CJ, Gageler, Gordon, Steward and Gleeson JJ) 18 October 2022
Catchwords: Evidence – Criminal trial – Admissibility – Tendency evidence – Evidence Act 1995 (NSW), s 97(1)(b) – Where tendency evidence adduced to prove identity of offender – Where narrow class of possible perpetrators – Where other evidence identifying appellant as offender and tending to exclude other possible perpetrators – Whether Court of Criminal Ap […]
Bosanac v Commissioner of Taxation [2022] HCA 34 (12 October 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ) 11 October 2022
Catchwords: Trusts – Resulting trust – Presumption of resulting trust – Presumption of advancement – Where wife purchased property – Where purchase price paid from joint loans taken in names of wife and husband – Where security for joint loans from separately owned properties – Where title registered in name of wife only – Where husband never claimed interes […]
BHP Group Limited v Impiombato [2022] HCA 33 (12 October 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) 11 October 2022
Catchwords: Statutes – Interpretation – Territorial operation – Presumption against extraterritoriality – Acts Interpretation Act 1901 (Cth), s 21(1)(b) – Where Pt IVA of the Federal Court of Australia Act 1976 (Cth) permitted a person to commence a representative proceeding in the Federal Court of Australia on behalf of other persons ("group members […]
SDCV v Director-General of Security [2022] HCA 32 (12 October 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 11 October 2022
Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Where adverse security assessment of appellant, accompanied by statement of grounds, certified by Director‑General of Security on behalf of Australian Security Intelligence Organisation ("ASA decision") – Where appellant's visa cancelled on character grounds in consequence […]
Garlett v Western Australia [2022] HCA 30 (07 September 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 7 September 2022
Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in State courts – Institutional integrity of State courts – Where High Risk Serious Offenders Act 2020 (WA) ("Act") required State court to make restriction order in relation to serious offender if satisfied that order necessary to ensure adequate protection […]

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