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James v The Queen [2014] HCA 6

88 ALJR 427; 306 ALR 1
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Date: 5 Mar 2014 Case Number: M102/2013
Criminal law – Appeal – Appeal against conviction – Intentionally causing serious injury – Whether failure to instruct jury as to lesser alternative verdicts occasioned substantial miscarriage of justice.

Criminal law – Role of trial judge – Whether duty to secure fair trial required instruction on any lesser alternative verdicts regardless of forensic choices of counsel. Crimes Act 1958 (Vic), ss 16, 17.

Criminal Procedure Act 2009 (Vic) – s 239.

Jarratt v Commissioner of Police for New South Wales [2005] HCA 50

224 CLR 44; 79 ALJR 1581; 221 ALR 95
Gleeson CJ, McHugh, Gummow, Hayne, Callinan, Heydon JJ
Date: 8 Sep 2005 Case Number: S593/2003
Police – Tenure - Dismissal from office - Applicant was Deputy Commissioner of Police and a member of the senior executive service under Part 5 of the Police Act 1990 (NSW) ("the Act") - Commissioner of Police recommended to Governor that the applicant be dismissed from office pursuant to the Act - Governor dismissed applicant - Applicant afforded no hearing - Whether dismissal from office invalid as breaching requirements of natural justice.

Constitutional law – Prerogatives of the Crown - Prerogative to dismiss Crown servants at pleasure - Whether implied term of contract of employment of Crown servant - Whether compatible with modern-day conditions of public service - Whether compatible with statutory regime for employment of senior police officers - Whether compatible with obligation to accord natural justice.

Statutes – Construction - Provision for Governor to dismiss senior police officer "at any time" on advice of Commissioner of Police - Whether the words "at any time" import into the statute the Crown's right to dismiss Crown servants at pleasure - Whether obligation to accord natural justice implicitly excluded.

Contract – Damages - Where employment contract entered into pursuant to statutory provision following appointment to office - Where dismissal from office necessarily resulted in termination of contract - Whether award of damages may be made for repudiation resulting from invalid exercise of statutory power - Relevance of statutory scheme for compensation for dismissal from office.

Words and phrases – "at any time", "dismissal at pleasure".

Police Act 1990 (NSW) – ss 8, 11, 33-35, 39, 40, 41, 42, 43, 51, 53, 181D.

Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd [2009] HCA 43

239 CLR 75; 83 ALJR 1180; 260 ALR 34
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Date: 13 Oct 2009 Case Number: S167/2009 S168/2009
Practice and procedure – Costs – Order against non-party – Where non-party, for a contingency fee, funded impecunious corporate plaintiff without providing plaintiff with indemnity against adverse costs orders – Whether power of Supreme Court of New South Wales to order costs against non-party enlivened – Whether non-party had committed abuse of process of the court within the meaning of Uniform Civil Procedure Rules 2005 (NSW), r 42. 3(2)(c).

Words and phrases – "abuse of process of the court", "occasioned by".

Uniform Civil Procedure Rules 2005 (NSW) – r 42. 3.

Civil Procedure Act 2005 (NSW) – s 98(1).

Jemena Asset Management (3) Pty Ltd v Coinvest Limited [2011] HCA 33

244 CLR 508
French CJ, Gummow, Heydon, Crennan, Kiefel, Bell JJ
Date: 7 Sep 2011 Case Number: M127/2010
Constitutional law (Cth) – Inconsistency between Commonwealth instrument and State law - Appellants employed construction workers and were bound by certain federal industrial instruments ("federal instruments") made under Workplace Relations Act 1996 (Cth) ("Commonwealth Act"), which contained provisions regarding long service leave - Construction Industry Long Service Leave Act 1997 (Vic) ("State Act") provided for scheme of portable long service leave benefits for workers in construction industry - Commonwealth Act provided for paramountcy of industrial instruments made under federal legislation over State laws, to extent of any inconsistency - Whether State Act inconsistent with Commonwealth Act as embodied in federal instruments.

Words and phrases – "alter, impair or detract from", "cover the field", "direct inconsistency", "indirect inconsistency".

Constitution – s 109.

Construction Industry Long Service Leave Act 1997 (Vic) – ss 1, 3, 4, 6.

Workplace Relations Act 1996 (Cth) – ss 17(1), 152(1), 170LZ(1).

Jemena Gas Networks (NSW) Limited v Mine Subsidence Board [2011] HCA 19

243 CLR 558; 85 ALJR 666; 277 ALR 257
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 1 Jun 2011 Case Number: S312/2010
Mining – Compensation - Section 12A(1)(b) of Mine Subsidence Compensation Act 1961 (NSW) allowed claims by owners of improvements for payment from Mine Subsidence Compensation Fund ("Fund") for proper and necessary expense incurred or proposed in preventing or mitigating damage that, in opinion of Mine Subsidence Board, owner "could reasonably have anticipated would otherwise have arisen, or could reasonably anticipate would otherwise arise, from a subsidence that has taken place" - Appellant made claim for costs of preventative and mitigatory works performed on pipeline after receiving expert advice that such works would be necessary as result of certain underground longwall mining - Whether appellant entitled to compensation from Fund under s 12A(1)(b) - Whether entitled to compensation only if subsidence occurred before expense incurred in preventing or mitigating damage - Whether "from a subsidence that has taken place" in s 12A(1)(b) refers to actual past occurrence or hypothetical future occurrence of subsidence.

Words and phrases – "from a subsidence that has taken place".

Mine Subsidence Compensation Act 1961 (NSW) – ss 11, 12A(1)(b), 13A, 14.

Jenkins v The Queen [2004] HCA 57

79 ALJR 252; 211 ALR 116
Gleeson CJ, Gummow, Hayne, Callinan, Heydon JJ
Date: 17 Nov 2004 Case Number: M307/2003
Criminal law – Direction to jury - Accomplice warning - Prosecution witness pleaded guilty to criminal offences related to charges against appellant - Testimony of witness substantially undisputed - Defence did not seek to attack credit of witness - Defence case relied in part on evidence of witness - No warning sought at trial as to reliability of witness - Whether trial judge obliged to warn jury that it would be dangerous to convict on uncorroborated evidence of an accomplice - Whether trial judge obliged to warn jury that evidence was potentially unreliable and must be subjected to careful scrutiny.

John Alexander's Clubs Pty Limited v White City Tennis Club Limited [2010] HCA 19

241 CLR 1; 84 ALJR 446; 266 ALR 462
French CJ, Gummow, Hayne, Heydon, Kiefel JJ
Date: 26 May 2010 Case Number: S309/2009 S308/2009
Equity – Fiduciary obligations - Where commercial parties entered into series of agreements - Relevance of contractual terms to existence of fiduciary relationship - Where memorandum of understanding required grantee of option to purchase land to exercise option in favour of another - Where later agreement superseded memorandum of understanding and contained no such requirement - Whether fiduciary obligations arose between parties.

Trusts – Constructive trust - Whether equitable fraud, unconscionable conduct or breach of fiduciary duty by grantee of option - Whether order to convey option land appropriate - Relevance of third party interests.

Procedure – Joinder of parties - Where constructive trust declared over land encumbered by equitable mortgage - Where party seeking constructive trust had notice of mortgage - Where mortgagee not a party - Whether mortgagee necessary party to action - Whether mortgagee entitled to be joined - Whether mortgagee entitled to have orders set aside - Whether mortgagee estopped.

Words and phrases – "fiduciary", "injurious to third parties", "necessary party".

Uniform Civil Procedure Rules 2005 (NSW) – r 36. 16.

John Fairfax Publications Pty Ltd v Gacic [2007] HCA 28

230 CLR 291; 81 ALJR 1218; 235 ALR 402
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Date: 14 Jun 2007 Case Number: S480/2006
Defamation – Statutes - Interpretation of Supreme Court Act 1970 (NSW) ("Supreme Court Act") - Section 108(3) - Defamation action - Appeal challenging findings of a jury made under s 7A(3) of the Defamation Act 1974 (NSW) ("Defamation Act") on specific issues put to the jury - Powers of an appeal court to direct a verdict for the plaintiff on such issues in the event of a successful appeal.

Statutes – Interpretation - "May" - Appeal challenging findings of a jury on specific issues in defamation proceedings - Whether Supreme Court Act, s 108(3) confers a power, with a duty to exercise that power once the relevant entitlement to a verdict on any issue in the proceedings is established as a matter of law.

Statutes – Interpretation - Supreme Court Act, s 108(3) - Defamation Act, s 7A - Defamation action - Jury found that there were imputations conveyed but that those imputations were not defamatory - Role of the jury in defamation proceedings - Whether the Court of Appeal must order a new trial where it holds that a jury's answers to issues put to the jury in defamation proceedings are unreasonable.

Defamation – Business defamation - Nature of the test for defamation where a plaintiff alleges damage to business reputation - Procedure in jury trials in New South Wales - Application of Defamation Act, s 108(3).

Words and phrases – "any cause of action, issue or claim for relief", "may", "direct a verdict and give judgment accordingly", "as a matter of law", "entitled to a verdict", "business defamation".

Supreme Court Act 1970 (NSW) – ss 75A, 85, 86, 90, 102, 107, 108.

Defamation Act 1974 (NSW) – ss 7A, 9, 46, 46A.

John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50

77 ALJR 1657; 201 ALR 77
Gleeson CJ, McHugh, Kirby, Callinan, Heydon JJ
Date: 10 Sep 2003 Case Number: S353/2002
Defamation – Appeal - Where jury found that matter did not convey any of the imputations pleaded - Whether jury's findings on particular imputations were ones which no reasonable jury properly instructed could reach - Scope of new trial where some only of the jury's findings were unreasonable.

Practice and procedure – Order of addresses - Where plaintiff addressed jury first and defendant followed - Where trial judge refused plaintiff leave to address in reply - Whether trial judge erred in exercise of discretion - Whether order of addresses governed by rules of court or inherent jurisdiction of court.

Appeal – Defamation - Whether jury's findings on alleged imputations were ones which no reasonable jury properly instructed could reach - Relevance of brevity of jury's retirement and universally unfavourable answers to alleged imputations.

Defamation Act 1974 (NSW) – s 7A.

Supreme Court Act 1970 (NSW) – s 102.

John Holland Pty Ltd v Inspector Nathan Hamilton [2009] HCA 46

83 ALJR 1236; 260 ALR 103
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 13 Oct 2009 Case Number: S121/2009 S122/2009
Constitutional law (Cth) – Inconsistency between Commonwealth and State laws - Occupational Health and Safety Act 1991 (Cth) ("OHS Act") - Occupational Health and Safety Act 2000 (NSW) ("State Act") - Provisions of State Act empowered inspectors to bring proceedings for an offence against State Act - Applicant charged with offences under State Act - OHS Act relevantly applies to employers that are "non-Commonwealth licensees" - Applicant became non- Commonwealth licensee after alleged offences committed but prior to charges being laid - Whether while applicant remains a non-Commonwealth licensee for purposes of OHS Act it is liable for conviction under State Act for offences allegedly committed before applicant became a non-Commonwealth licensee - Whether provisions of State Act authorising prosecution of such offences inconsistent with OHS Act and thereby invalid by operation of s 109 of the Constitution.

Constitution – s 109.

Occupational Health and Safety Act 1991 (Cth) – ss 3, 4, 5(1).

Occupational Health and Safety Act 2000 (NSW) – ss 8, 107.

John Holland Pty Ltd v Victorian Workcover Authority [2009] HCA 45

239 CLR 518; 83 ALJR 1230; 260 ALR 95
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 13 Oct 2009 Case Number: M16/2009
Constitutional law (Cth) – Inconsistency between Commonwealth and State laws - Occupational Health and Safety Act 1991 (Cth) ("OHS Act") - Occupational Health and Safety Act 2004 (Vic) ("State Act") - Provisions of State Act empowered inspectors to bring proceedings for an offence against State Act - Plaintiff charged with offences under State Act - OHS Act relevantly applies to employers that are "non-Commonwealth licensees" - Plaintiff became non- Commonwealth licensee after alleged offences committed but prior to charges being laid - Whether while plaintiff remains a non-Commonwealth licensee for purposes of OHS Act it is liable for conviction under State Act for offences allegedly committed before plaintiff became a non-Commonwealth licensee - Whether provisions of State Act authorising prosecution of such offences inconsistent with OHS Act and thereby invalid by operation of s 109 of the Constitution.

Words and phrases – "employer", "law", "non-Commonwealth licensee".

Constitution – s 109.

Occupational Health and Safety Act 1991 (Cth) – ss 3, 4, 5(1).

Occupational Health and Safety Act 2004 (Vic) – ss 7(1)(c), 21, 23, 130.

Safety – Rehabilitation and Compensation Act 1998 (Cth), Pt VIII.

John Pfeiffer Pty Limited v Rogerson [2000] HCA 36

203 CLR 503; 74 ALJR 1109; 172 ALR 625
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 21 Jun 2000 Case Number: C14/1998
Private International Law – Choice of law – Tort – Negligent act committed and damage suffered in New South Wales – Action commenced in Australian Capital Territory – Whether double actionability rule is a choice of law rule – Whether double actionability rule applies to proceedings in federal jurisdiction – Whether a single choice of law rule should be adopted consistently in both federal and non-federal jurisdiction in all courts in Australia – Whether the lex fori or lex loci delicti is applicable – The lex loci delicti governs torts committed in Australia which have an interstate element.

Private International Law – Substance and procedure – Distinction – Matters of substance bear upon existence or enforceability of remedies rights and obligations – Limitations on type and quantum of damages are substantive not procedural.

Limitation of Actions – Limitation provisions barring either right or remedy are substantive not procedural.

Constitutional Law (Cth) – Full faith and credit – Effect of s 118 of the Constitution upon common law choice of law rules – Whether a single choice of law rule should be adopted consistently in both federal and non-federal jurisdiction in all courts in Australia – Effect of Ch III of the Constitution upon common law.

Tort – Damages – Whether Pt 5 of the Workers Compensation Act 1987 (NSW) limits the amount of economic and non-economic loss recoverable.

Words and phrases – "choice of law" – "lex loci delicti" – "lex fori" – "double actionability rule" – "full faith and credit" – "substance and procedure" – "federal diversity jurisdiction".

Constitution – Ch III, s 118.

Judiciary Act 1903 (Cth) – ss 79, 80.

Workers Compensation Act 1987 (NSW) – Pt 5.

Johnson v Johnson [2000] HCA 48

201 CLR 488; 74 ALJR 1380; 174 ALR 655
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 7 Sep 2000 Case Number: P60/1999
Courts and judges – Bias - Reasonable apprehension of bias - Application for disqualification for bias - Statement by trial judge about evidence to be relied upon - Whether statement gave rise to reasonable apprehension of bias.

Johnson v The Queen [2004] HCA 15

78 ALJR 616; 205 ALR 346
Gleeson CJ, Gummow, Kirby, Callinan, Heydon JJ
Date: 30 Mar 2004 Case Number: P44/2003
Criminal law – Sentencing - Federal offences - Appellant convicted of two counts of attempting to obtain possession of prohibited imports to which s 233B, Customs Act 1901 (Cth) applied - Whether sentencing judge applied peculiarly Western Australian sentencing principles - Whether express reference to relevant considerations in s 16A(2), Crimes Act 1914 (Cth) necessary.

Criminal law – Sentencing - Federal offences - Appellant convicted of two counts of attempting to obtain possession of prohibited imports to which s 233B, Customs Act 1901 (Cth) applied - Totality principle where sentencing for commission of several offences - Whether sentencing judge must fix sentence for each offence and aggregate them before determining questions of totality or concurrence - Whether sentencing judge may in some circumstances lower each sentence before aggregation - Instinctive or intuitive synthesis approach to sentencing.

Criminal law – Sentencing - Federal offences - Appellant convicted of two counts of attempting to obtain possession of prohibited imports to which s 233B, Customs Act 1901 (Cth) applied - One transaction rule - Where two offences contain common element - Effect of factual errors made by Court of Criminal Appeal - Whether factual errors made by Court of Criminal Appeal in dismissing appeal necessarily leads to conclusion that sentencing judge erred - Whether sentence properly reflects consideration of whether defendant was truly engaged upon one multi-faceted course of criminal conduct.

Crimes Act 1914 (Cth) – ss 16A, 16B, 19(2).

Customs Act 1901 (Cth) – s 233B.

Jones v Bartlett [2000] HCA 56

205 CLR 166; 75 ALJR 1; 176 ALR 137
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 16 Nov 2000 Case Number: P59/1999
Negligence – Duty of care - Person lawfully on premises injured by glass door - Scope of landlord's duty of care to a person who resides on premises - Scope of landlord's duty of care in respect of state of premises - Whether duty to have premises inspected by expert.

Contracts – Tenancy agreement - Whether s 11 of the Property Law Act 1969 (WA) allows a third party to sue for breach of tenancy agreement.

Statutory liability – Occupiers' liability - Whether landlord was an "occupier of premises" under s 5(1) of the Occupiers' Liability Act 1985 (WA) - Duty of landlord under s 9(1) of the Occupiers' Liability Act 1985 (WA).

Residential Tenancies Act 1987 (WA) – s 42.

Property Law Act 1969 (WA) – s 11.

Occupiers' Liability Act 1985 (WA) – ss 5(1), 9(1).

Words and phrases – "occupier of premises".

Jones v The Queen [2009] HCA 17

83 ALJR 671; 254 ALR 626
French CJ, Hayne, Heydon, Kiefel, Bell JJ
Date: 29 Apr 2009 Case Number: B40/2008
Criminal law – Evidence - Joint murder trial - Admissibility of evidence adduced by accused of bad character or propensity of co-accused - Whether appellant prevented by trial judge from fully adducing relevant admissible evidence - Whether jury misdirected as to use of evidence of appellant's bad character.

Criminal law – Appeals - Application of proviso.

Words and phrases – "substantial miscarriage of justice".

Criminal Code (Q) – s 668E(1A).

Joslyn v Berryman [2003] HCA 34

214 CLR 552; 77 ALJR 1233; 198 ALR 137
McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 18 Jun 2003 Case Number: S125/2002;S126/2002;S122/2002;
Negligence – Contributory negligence – Passenger in defective vehicle with intoxicated and inexperienced driver – Whether reasonable person would have foreseen a risk of serious injury – Facts and circumstances relevant to contributory negligence.

Negligence – Contributory negligence – Motor Accidents Act 1988 (NSW), s 74(2) – Whether passenger was "aware or ought to have been aware" that driver's ability was affected by alcohol – Objective or subjective test – Facts and circumstances to be taken into account.

Negligence – Contributory negligence – Motor Accidents Act 1988 (NSW), s 74(6) – Whether passenger a "voluntary passenger".

Appeal – Contributory negligence – Application of apportionment legislation – Factual considerations – Utility of earlier judicial decisions – Whether relevant to disclose common approaches at trial and on appeal – Whether relevant to disclose purpose of statutory amendments obliging finding of contributory negligence in specified circumstances.

Words and phrases – "aware or ought to have been aware", "just and equitable in the circumstances of the case", "responsibility for the damage", "voluntary passenger".

Law Reform (Miscellaneous Provisions) Act 1965 (NSW) – s 10.

Motor Accidents Act 1988 (NSW) – s 74.

JT International SA v Commonwealth of Australia [2012] HCA 43

250 CLR 1; 86 ALJR 1297; 291 ALR 669
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 5 Oct 2012 Case Number: S409/2011 S389/2011
Constitutional law (Cth) – Legislative power – Section 51(xxxi) – Acquisition of property on just terms – Plaintiffs hold registered and unregistered trade marks and other intellectual property rights in relation to tobacco product packaging – Tobacco Plain Packaging Act 2011 (Cth) regulates appearance of tobacco product packaging and use of trade marks on such packaging – Whether plaintiffs' intellectual property rights, goodwill and rights to determine appearance of tobacco products constitute "property" for purposes of s 51(xxxi) – Whether Act effects an acquisition of plaintiffs' property otherwise than on just terms.

Words and phrases – "acquisition of property", "intellectual property", "just terms", "trade marks".

Constitution – s 51(xxxi).

Tobacco Plain Packaging Act 2011 (Cth) – ss 15, 18-27, 30-48.

Competition and Consumer (Tobacco) Information Standard 2011 (Cth) – ss 1. 5, 3. 1, 4. 1, 9. 13, 9. 19-19. 20.

Tobacco Plain Packaging Regulations 2011 (Cth) – Divs 2. 1-2. 4, 3. 1.

K-Generation Pty Limited v Liquor Licensing Court [2009] HCA 4

237 CLR 501; 83 ALJR 327; 252 ALR 471
French CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Date: 2 Feb 2009 Case Number: A12/2008
Constitutional law (Cth) – Chapter III - Judicial power - Vesting of federal jurisdiction in State courts - Licensing Court of South Australia established under Liquor Licensing Act 1997 (SA) ("Licensing Act") - Licensing Court constituted by District Court judge - Whether Licensing Court "court of a State" within meaning of s 77(iii) of Constitution - Whether Licensing Court invested with federal jurisdiction by s 39(2) of Judiciary Act 1903 (Cth) ("Judiciary Act") - Significance of absence of express power of punishment for contempt.

Constitutional law (Cth) – Chapter III - Judicial power - Vesting of federal jurisdiction in State courts - Integrity of State courts - Requirement of impartiality and independence for repository of federal jurisdiction - Licensing Act, s 28A required Licensing Court to take steps to maintain confidentiality of information classified by Commissioner of Police as "criminal intelligence" in proceedings under Licensing Act - Steps included receipt of evidence and argument in absence of parties - Whether s 28A invalid for denying Licensing Court character of independent and impartial tribunal.

Statutes – Interpretation - Licensing Act, s 28A - "Criminal intelligence" defined to include information which "could reasonably be expected" to prejudice criminal investigations - Whether classification by Commissioner of Police of information as "criminal intelligence" amenable to review by Licensing Court - Whether mandatory for Licensing Court to hear evidence and argument in absence of parties.

Constitutional law (Cth) – Chapter III - Judicial power - Vesting of federal jurisdiction in State courts - Integrity of State courts - Whether consequence of impairment of integrity is that Licensing Court no longer "court of a State" to which s 77(iii) of Constitution applies - Whether s 39(2) of Judiciary Act ambulatory and would cease to apply - Whether States may establish "court of a State" then subsequently deprive court of independence and impartiality.

Constitutional law (Cth) – Chapter III - Judicial power - Nature of judicial power - Whether exercise by Licensing Court of judicial or administrative power.

Practice and procedure – Interveners - Procedure where interveners seek remedy and assert arguments opposed by immediate parties.

Words and phrases – "could reasonably be expected", "court of a State", "criminal intelligence".

Constitution – Ch III, s 77.

Judiciary Act 1903 (Cth) – s 39.

Liquor Licensing Act 1997 (SA) – s 28A.

Kakavas v Crown Melbourne Limited [2013] HCA 25

87 ALJR 708; 298 ALR 35
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Date: 5 Jun 2013 Case Number: M117/2012
Equity – Unconscionable conduct – Where appellant gambled at first respondent's casino and lost $20. 5 million – Where appellant diagnosed as suffering from condition known as "pathological gambling" – Where appellant subject to "interstate exclusion order" under Casino Control Act 1991 (Vic) – Whether gambling transactions affected by unconscionable dealing – Whether appellant suffered from special disadvantage making him susceptible to exploitation – Whether first respondent had sufficient knowledge of any special disadvantage.

Words and phrases – "actual knowledge", "constructive notice", "interstate exclusion order", "special disadvantage", "unconscionable conduct".

Casino Control Act 1991 (Vic) – ss 76, 77(2), 78B.

Trade Practices Act 1974 (Cth) – s 51AA.

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