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RSS High Court of Australia

  • Boensch v Pascoe [2019] HCA 49 (13 December 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 12 December 2019
    Catchwords: Bankruptcy – Bankrupt estate – Where "the property of the bankrupt" vested in trustee in bankruptcy pursuant to s 58 of Bankruptcy Act 1966 (Cth) – Where bankrupt held estate in land under Torrens system on trust – Whether property held by bankrupt on trust capable of vesting in trustee in bankruptcy – Whether bankrupt had a valid benef […]
  • De Silva v The Queen [2019] HCA 48 (13 December 2019) (Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ) 12 December 2019
    Catchwords: Criminal practice – Trial – Directions to jury – Liberato v The Queen (1985) 159 CLR 507 ("Liberato") – Where appellant convicted by jury of rape – Where appellant did not give sworn evidence at trial – Where appellant made exculpatory statements in recorded police interview – Where record of interview admitted into evidence – Where app […]
  • CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 (13 December 2019) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ) 12 December 2019
    Catchwords: Immigration – Refugees ­– Application for protection visa ­– Where Pt 7AA of Migration Act 1958 (Cth) requires Immigration Assessment Authority ("IAA") to review certain decisions to refuse applications for protection visas – Where s 473CB(1)(a), (b) and (d) requires Secretary of Department to give certain material to IAA to conduct rev […]
  • DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of Australia [2019] HCA 47 (06 December 2019) (Nettle J) 5 December 2019
    Catchwords: Immigration – Representative proceedings – Where plaintiff brought representative proceeding in High Court for damages for false imprisonment – Where claimed that Group Members purportedly detained under ss 189 and 196 of Migration Act 1958 (Cth) – Where claimed that detention for purpose of receiving, investigating or determining application for […]
  • New South Wales v Robinson [2019] HCA 46 (04 December 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 4 December 2019
    Catchwords: Police – Arrest without warrant – Where s 99(1) of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) provides that police officer may, without warrant, arrest person if police officer suspects on reasonable grounds that person is committing or has committed offence and police officer is satisfied that arrest is reasonably necessary for […]
  • BMW Australia Ltd v Brewster [2019] HCA 45 (04 December 2019) (Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ) 3 December 2019
    Catchwords: Practice and procedure – Representative action – Orders – Where s 33ZF of Federal Court of Australia Act 1976 (Cth) and s 183 of Civil Procedure Act 2005 (NSW) provide that in representative proceeding court may make any order court thinks appropriate or necessary to ensure justice is done in proceeding – Where representative proceedings commence […]
  • Bosanac v Commissioner of Taxation [2019] HCA 41 (22 November 2019) (Nettle J) 21 November 2019
    Catchwords: Income tax (Cth) – Appeal against objection decision – Where Commissioner of Taxation ("Commissioner") issued amended assessments of taxable income following commencement of audit – Where taxpayer objected to amended assessments – Where objection decision made in respect of taxpayer's objection ("Objection Decision") – Wh […]
  • EBT16 v Minister for Home Affairs [2019] HCA 44 (13 November 2019) (Gageler J) 3 December 2019
    Catchwords: Administrative law – Judicial review – Jurisdictional error – s 477 of Migration Act 1958 (Cth) – Where plaintiff applied to Federal Circuit Court of Australia for judicial review of decision of Administrative Appeals Tribunal – Where plaintiff required extension of time – Where extension of time was refused under s 477(2) – Where Federal Circuit […]
  • HT v The Queen [2019] HCA 40 (13 November 2019) (Kiefel CJ, Bell, Keane, Nettle, Gordon and Edelman JJ) 12 November 2019
    Catchwords: Criminal practice – Appeal – Crown appeal against sentence – Procedural fairness – Where appellant provided assistance to law enforcement authorities – Where court required by statute to take assistance into account in sentencing – Where evidence of assistance kept confidential from appellant and appellant's legal representatives in sentenci […]

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