Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ
Date: 5 Apr 2017 Case Number: C14/2016
Constitutional law – Parliamentary elections (Cth) – Senate – Reference to Court of Disputed Returns – Where person elected and re-elected as senator – Where person stood to gain financially from Commonwealth paying rent under lease of person's electorate office – Where person's bank account nominated by lessor as bank account for payment of rent by Commonwealth – Where payment of rent reduced person's contingent liability as guarantor under loan facilities – Where person had prospect of receiving distribution of rent proceeds as beneficiary of discretionary trust – Whether person had indirect pecuniary interest in lease agreement with Commonwealth – Whether person incapable of being chosen or of sitting as senator under s 44(v) of Constitution – Whether vacancy should be filled by special count of ballot papers – Whether special count would distort voters' real intentions.
Words and phrases – "distortion of the voters' real intentions", "expectation of pecuniary benefit", "incapable of being chosen", "indirect pecuniary interest", "special count", "true legal intent of the voters".
Constitution – s 44(v).
Commonwealth Electoral Act 1918 (Cth) – ss 168(1), 272(2), 273(27), 360, 376.
Parliamentary Entitlements Act 1990 (Cth) – s 4(1), Item 7 of Pt 1 of Sched 1.
Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ
Date: 29 Mar 2017 Case Number: S170/2016
Legal practitioners – Negligence – Advocates' immunity from suit – Where settlement offer made and rejected on first day of trial – Where rejection of settlement offer followed by judicial decision – Where damages awarded lower than settlement offer – Where solicitor and barrister alleged to have given negligent advice in relation to settlement offer – Whether advice affected conduct of case in court by bearing upon court's determination of case – Whether advocate immune from suit.
High Court – Stare decisis – Whether Attwells v Jackson Lalic Lawyers Pty Ltd (2016) 90 ALJR 572; 331 ALR 1;  HCA 16 should be reopened.
Words and phrases – "advocates' immunity", "affecting the conduct of the case", "finality", "functional connection", "intimately connected", "judicial determination", "possibility of challenge to findings".
Kiefel, Bell, Gageler, Nettle, Gordon JJ
Date: 29 Mar 2017 Case Number: M143/2016
Contract – Construction and interpretation of contracts – Long-term lease – Standard form contract – Where parties entered lease because unable to effect sale and purchase of land due to planning restrictions – Where standard form lease amended by parties – Where clause pertaining to payment of rates, taxes, assessments and other outgoings ambiguous – Whether parties intended lease to resemble sale and purchase of land – Whether lessee liable to pay all rates, taxes, assessments and other outgoings or only liable to pay those payable in lessee's capacity as tenant.
Words and phrases – "commercial purpose and objects", "commercial sense", "deletions from standard form contract", "in respect of the said premises", "payable by the tenant", "reasonable businessperson".
Bell, Gageler, Keane, Nettle, Gordon JJ
Date: 8 Mar 2017 Case Number: P49/2016
Statutes – Interpretation – Acts Interpretation Act 1901 (Cth), s 36(2) – Where first respondent's application for visa received and taken to be made on Monday 13 January – Where first respondent able to meet visa criteria in Migration Regulations 1994 (Cth) if first respondent held valid second visa at time of application – Where first respondent's second visa expired on Sunday 12 January – Whether s 36(2) of Acts Interpretation Act allowed application to be assessed as if it had been made before expiry of first respondent's second visa.
Words and phrases – "an Act requires or allows", "last day", "prescribed or allowed by an Act", "state of affairs", "thing to be done", "time of application".
Acts Interpretation Act 1901 (Cth) – s 36(2).
Migration Act 1958 (Cth) – ss 31, 45, 46, 47, 65.
Migration Regulations 1994 (Cth) – Sched 2, cl 572.
Kiefel CJ, Bell, Gageler, Nettle, Gordon JJ
Date: 8 Mar 2017 Case Number: D5/2016
Criminal law – Procedure – Apprehension and detention – Reasonable grounds – Where appellant drinking alcohol in public place near shops selling alcohol – Where appellant intoxicated and behaving belligerently towards police – Where appellant apprehended on basis of police officer's belief that appellant would commit offence of drinking liquor in regulated place – Whether belief held on reasonable grounds – Whether policing experience valid basis for reasonable grounds for forming belief.
Criminal law – Procedure – Apprehension and detention – Statutory powers of apprehension – Where appellant apprehended on basis of police officer's belief that appellant would commit offence of drinking liquor in regulated place – Where maximum penalty for offence forfeiture of liquor and issue of contravention notice – Whether decision to apprehend exceeded limits of apprehension power.
Words and phrases – "likely to commit an offence", "policing experience", "reasonable grounds".
Liquor Act (NT) – s 101U(1).
Police Administration Act (NT) – s 128(1).
Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ
Date: 1 Mar 2017 Case Number: A39/2016
Criminal law – Appeal against conviction – Directions to jury – Where discreditable conduct evidence admitted under s 34P of Evidence Act 1929 (SA) – Relevance of discreditable conduct evidence – Whether trial judge adequately directed jury as to permissible and impermissible uses of discreditable conduct evidence in accordance with s 34R.
Criminal law – Appeal against conviction – Application of proviso – Criminal Law Consolidation Act 1935 (SA), s 353(1) – Where majority of Full Court found miscarriage of justice occasioned by misdirection to jury – Where majority of Full Court divided as to whether misdirection occasioned substantial miscarriage of justice for purposes of applying proviso – Whether appeal could be dismissed pursuant to proviso.
Words and phrases – "discreditable conduct evidence", "error of law", "opinion of majority", "permissible and impermissible use", "proviso", "substantial miscarriage of justice", "sufficiency of direction".
Criminal Law Consolidation Act 1935 (SA) – ss 349, 353(1).
Evidence Act 1929 (SA) – ss 34P, 34R.
Kiefel, Bell, Keane, Nettle, Gordon JJ
Date: 1 Mar 2017 Case Number: S247/2016
Family law – Family Law Act 1975 (Cth) – Parenting orders – Where children taken overseas by father – Where children stayed with father overseas in breach of parenting orders – Where mother applied for order for return of children – Where children expressed preference to stay with father overseas – Where primary judge made interim orders for return of children to Australia and for living arrangements upon return – Whether erroneous to discount weight given to views expressed by children – Whether father's breach of parenting orders relevant to children's best interests – Whether necessary to ascertain children's views as to living arrangements – Whether parenting orders could be made in favour of strangers to proceedings.
Words and phrases – "best interests of the child", "judicial discretion", "parenting orders", "views expressed by the child".
Family Law Act 1975 (Cth) – ss 60CA, 60CC, 60CD, 60CE, 64C, 65C, 65D, 68L, 68LA.
Kiefel, Bell, Gageler, Keane, Nettle JJ
Date: 8 Feb 2017 Case Number: P47/2016 P48/2016
Town planning (WA) – Compensation – Where land reserved for public purpose under planning scheme – Where s 173 of Planning and Development Act 2005 (WA) makes provision for landowner to be compensated where land injuriously affected by making or amendment of planning scheme – Where, under s 177, compensation not payable until land first sold after reservation or responsible authority refuses development application or grants application on unacceptable conditions – Where landowners purchased land affected by planning scheme after date of reservation – Where purchasers applied to develop land and were refused – Whether purchasers entitled to compensation.
Words and phrases – "compensation", "injurious affection", "planning scheme", "reservation".
Metropolitan Region Town Planning Scheme Act 1959 (WA) – s 36.
Planning and Development Act 2005 (WA) – ss 171, 173, 174, 176, 177.
Town Planning and Development Act 1928 (WA) – ss 11, 12.
Kiefel, Bell, Gageler, Keane, Gordon JJ
Date: 8 Feb 2017 Case Number: M88/2016 M89/2016
Taxation – Land tax – Where land tax assessments were paid – Where Commissioner did not amend assessments after error detected – Whether Commissioner under duty compellable by mandamus to amend and refund excess land tax – Whether Commissioner's refusal to amend amounted to conscious maladministration – Whether amended assessment had effect that excess tax was never land tax – Whether proceedings were barred under Land Tax Act 1958 (Vic).
Words and phrases – "amended assessment", "charged, levied and collected", "completeness and accuracy", "conscious maladministration", "land tax", "tax paid under, or purportedly paid under".
Land Tax Act 1958 (Vic) – ss 19, 90AA, 92A.
Kiefel, Gageler, Keane, Nettle, Gordon JJ
Date: 8 Feb 2017 Case Number: B52/2016 B55/2016
Constitutional law (Cth) – Judicial power – Mandatory examination of persons about corporation's examinable affairs – Where plaintiffs former directors of corporation in voluntary liquidation – Where liquidators applied for and obtained order for issue of summons under s 596A of Corporations Act 2001 (Cth) requiring plaintiffs to attend for examination about corporation's examinable affairs – Whether s 596A invalid as contrary to Ch III of Constitution – Whether s 596A gives rise to "matter" that engages judicial power of Commonwealth – Whether power conferred by s 596A incompatible with or outside judicial power of Commonwealth.
Words and phrases – "examinable affairs", "federal jurisdiction", "judicial power", "matter".
Constitution – Ch III.
Corporations Act 2001 (Cth) – ss 596A, 597.
Kiefel, Bell, Gageler, Keane, Nettle JJ
Date: 3 Feb 2017 Case Number: C15/2016
Parliamentary elections (Cth) – Senate – Reference to Court of Disputed Returns – Where at date of nomination person convicted of offence punishable by term of imprisonment for one year or longer – Where person liable to be sentenced – Where person elected as Senator – Where conviction subsequently annulled – Whether annulment of conviction of retrospective effect – Whether person incapable of being chosen as Senator under s 44(ii) of Constitution – Whether vacancy should be filled by special count of ballot papers.
Words and phrases – "annulment", "convicted and is under sentence, or subject to be sentenced", "incapable of being chosen", "retrospective effect", "special count", "void ab initio".
Constitution – s 44(ii).
Commonwealth Electoral Act 1918 (Cth) – ss 364, 376.
Crimes Act 1900 (NSW) – s 117.
Crimes (Appeal and Review) Act 2001 (NSW) – ss 4, 8, 9, 10.
Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10, 25.
Date: 31 Jan 2017 Case Number: C15/2016
Constitutional law (Cth) – Judicial power – Election of Senator – Validity – Court of Disputed Returns – Power to hear petition – Whether non-judicial –Constitution, Ch III – Commonwealth Electoral Act 1918 (Cth), Pt XXII, Div II.
Practice and procedure – High Court of Australia – Failure to raise argument at hearing – Principles applicable – Validity – Commonwealth Electoral Act 1918 (Cth), Pt XXII, Div II.
Constitution, ss 44(ii), 44(iii), 45, 47.
Commonwealth Electoral Act 1918 (Cth) – Pt XXII.
Date: 27 Jan 2017 Case Number: C14/2016
Date: 5 Jan 2017 Case Number: P63/2016
Practice and procedure – High Court – Application for interlocutory injunctions – Where injunctions in force since August 2013 – Where application for special leave to appeal pending – Where extension of injunctions sought until determination of application for special leave to appeal and any appeal should special leave be granted – Whether injunctive relief be granted.
Words and phrases – "injunction", "stay", "substantial prospect that special leave to appeal will be granted".