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High Court of Australia

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 […]
Charisteas v Charisteas [2021] HCA 29 (06 October 2021) (Kiefel CJ, Gageler, Keane, Gordon and Gleeson JJ) 5 October 2021
Catchwords: Family law – Property settlements – Apprehended bias – Where husband and wife separated – Where husband commenced proceedings in Family Court of Western Australia seeking orders for settlement of property – Where Family Court made orders for settlement of property – Where orders provided for early vesting of trust and distribution of trust fund a […]
Edwards v The Queen [2021] HCA 28 (06 October 2021) (Kiefel CJ, Keane, Edelman, Steward and Gleeson JJ) 5 October 2021
Catchwords: Criminal practice – Appeal – Miscarriage of justice – Prosecution's duty of disclosure in ss 141 and 142 of Criminal Procedure Act 1986 (NSW) – Where appellant's mobile phone seized by police upon arrest – Where police made copy of data on mobile phone ("Cellebrite Download") – Where prosecution informed appellant's lawye […]
Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 (08 September 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 8 September 2021
Catchwords: Defamation – Publication – Where appellants were media companies – Where each appellant created, operated and maintained public Facebook page – Where each appellant created posts on Facebook page hyperlinking to news stories referring to respondent – Where third-party Facebook users left "comments" on appellants' posts – Where comm […]
Director of Public Prosecutions Reference No 1 of 2019 [2021] HCA 26 (01 September 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 1 September 2021
Catchwords: Criminal law – Recklessness – Where s 17 of Crimes Act 1958 (Vic) provides that person who, without lawful excuse, recklessly causes serious injury is guilty of indictable offence – Where Court of Appeal of Supreme Court of Victoria in R v Campbell [1997] 2 VR 585 held that recklessness means person foresaw that serious injury probably will resul […]
Chetcuti v Commonwealth of Australia [2021] HCA 25 (12 August 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 12 August 2021
Catchwords: Constitutional law (Cth) – Powers of Commonwealth Parliament – Naturalisation and aliens – Deportation – Where appellant entered Australia before commencement of Nationality and Citizenship Act 1948 (Cth) – Where appellant born in Malta and entered Australia as British subject – Where appellant became citizen of United Kingdom and Colonies in 194 […]
KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] HCA 24 (04 August 2021) (Edelman J) 4 August 2021
Catchwords: Administrative law – Migration – Application for Safe Haven Enterprise Visa ("visa") – Where first delegate of Minister held delegation to make decision under s 65 but not s 501 of Migration Act 1958 (Cth) to consider plaintiff's application for visa – Where referral process required first delegate to refer plaintiff's applica […]

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