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Love v Commonwealth of Australia; Thoms v Commonwealth of Australia – [2020] HCA 3

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High Court of Australia

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 […]
Stephens v The Queen [2022] HCA 31 (07 September 2022) (Keane, Gordon, Edelman, Steward and Gleeson JJ) 7 September 2022
Catchwords: Criminal law – Sexual offences against child – Presumption against retrospective operation – Where appellant pleaded not guilty on 29 November 2018 to sexual offences against complainant – Where Crown was uncertain whether alleged conduct occurred when s 81 of Crimes Act 1900 (NSW) in force, or when s 81 repealed but s 78K in force – Where s 80AF […]
Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman and Steward JJ) 17 August 2022
Catchwords: Patents – Invention – Manner of manufacture – Where appellant manufactured electronic gaming machines ("EGMs") – Where appellant owned four innovation patents concerning various embodiments of EGM – Where specification described claimed invention as combination of player interface, being physical features of EGM, and game controller, be […]
Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 (17 August 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 17 August 2022
Catchwords: Immigration – Visas – Review of cancellation decision – Application for extension of time – Where then Minister for Home Affairs cancelled plaintiff's visa pursuant to s 501(3)(b) of Migration Act 1958 (Cth) – Where plaintiff applied pursuant to s 477A(2) for extension of time to file application for review of Minister's decision – Wher […]

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Love v Commonwealth of Australia; Thoms v Commonwealth of Australia – [2020] HCA 3

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