Judgments, ordered by case name

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X v Australian Prudential Regulation Authority [2007] HCA 4

226 CLR 630; 81 ALJR 611; 232 ALR 421
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Date: 21 Feb 2007 Case Number: S284/2006
Administrative law – Judicial review – Injunction and declaratory relief – s 39B of the Judiciary Act 1903 (Cth) – Whether the appellants are entitled to an order restraining the Australian Prudential Regulation Authority ("APRA") from acting on a "preliminary view" formed by its Senior Manager that the first and third appellants were not "fit and proper" to act as senior managers of a foreign general insurer.

Administrative law – Royal Commissions ¬– Protection of witnesses – s 6M of the Royal Commissions Act 1902 (Cth) – Appellants gave evidence at the HIH Royal Commission – Whether s 6M prevents the use of that evidence by APRA in deciding whether to disqualify the first and third appellants pursuant to s 25A of the Insurance Act 1973 (Cth) – Whether potential disqualification caused a "disadvantage" to the appellants – Whether potential disqualification arose "for or on account of" the first and third appellants' evidence to the Royal Commission – Whether the proper exercise of APRA's statutory powers and functions may constitute a "disadvantage" arising "for or on account of" evidence given before a Royal Commission.

Insurance –– Prudential regulation – Disqualification – APRA may take steps pursuant to s 25A of the Insurance Act 1973 (Cth) where a person is not "fit and proper" to act as a senior manager of a foreign general insurer – Whether APRA may take into account evidence given at a Royal Commission by or about that person – Whether s 6M of the Royal Commissions Act 1902 (Cth) prevents the use of such evidence for the purposes of s 25A of the Insurance Act 1973 (Cth).

Statutes – Interpretation – Whether s 6M of the Royal Commissions Act 1902 (Cth) distinguishes between the giving of evidence and the content of the evidence so given.

Words and phrases – "for or on account of", "disadvantage".

Insurance Act 1973 (Cth) – s 25A.

Royal Commissions Act 1902 (Cth) – s 6M.

X7 v Australian Crime Commission [2013] HCA 29

248 CLR 92; 87 ALJR 858; 298 ALR 570
French CJ, Hayne, Crennan, Kiefel, Bell JJ
Date: 26 Jun 2013 Case Number: S100/2012
Statutes – Interpretation – Plaintiff charged with three indictable Commonwealth offences – Plaintiff served with summons to attend examination by examiner appointed under Australian Crime Commission Act 2002 (Cth) ("Act") – Examiner asked plaintiff questions about subject matter of charged offences – Whether Act empowered examiner to conduct examination of person charged with indictable Commonwealth offence where examination concerned offence charged.

Words and phrases – "accusatorial process of criminal justice", "examination", "prejudice the fair trial of a person who has been, or may be, charged with an offence", "principle of legality", "privilege against self incrimination", "right to silence", "trial according to law".

Australian Crime Commission Act 2002 (Cth) – ss 7A, 7C, Pt II Div 2.

XYZ v The Commonwealth [2006] HCA 25

227 CLR 532; 80 ALJR 1036; 227 ALR 495
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Date: 13 Jun 2006 Case Number: M14/2005
Constitutional law (Cth) – External affairs - Plaintiff charged with three offences of engaging in sexual activity with a child under 16 years while outside Australia contrary to ss 50BA and 50BC of the Crimes Act 1914 (Cth) - Whether either of ss 50BA and 50BC of the Crimes Act are laws with respect to external affairs - Whether "external affairs" extends to any place, person, matter or thing lying outside the geographical limits of Australia - Whether "external affairs" is restricted to subjects having some connection with Australia - Whether "external affairs" is restricted to matters touching or concerning the relationships of Australia with other countries and international organisations - Whether "external affairs" extends to "matters of international concern" - Relevance of proposition that "external affairs" extends to implementation of treaty obligations.

Constitutional law (Cth) – Constitutional interpretation - Whether permissible to consider separately the meaning of components of a composite phrase - Relevance of distorting or alarming possibilities - Relevance of possible lacuna in the plenitude of the combined legislative powers of the various Parliaments of the Australian federation - Relevance of original meaning of the Constitution - Relevance of development of Australian nationhood - Relevance of extra- territorial reach of other heads of legislative power in s 51 to the interpretation of s 51(xxix) - Relevance of principles of international law concerning extra- territorial legislation - Relevance of the federal character of the Commonwealth - Relevance of notion of proportionality.

Constitutional law (Cth) – Overruling - Whether leave necessary to reopen such authority of the Court as upheld the geographical externality principle - Whether such authority should be overruled.

Criminal law – Sexual offences - Child sex tourism offences - Crimes Act 1914 (Cth), ss 50BA, 50BC - Whether such offences valid laws under the Constitution.

Words and phrases – "external affairs".

Constitution – ss 51(xxix), 51(xxxviii).

Australia Act 1986 (Cth) – s 2.

Crimes Act 1914 (Cth) – ss 50AD, 50BA, 50BC.

Criminal Code (Cth) – s 11. 1(1).

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