Judgments, ordered by date

Browsing By Year (1999)

Now Showing items 1 to 20   Next Page

Jump to page of 3


Yanner v Eaton [No 2] [1999] HCA 69

(1999) 74 ALJR 376; 168 ALR 1; 21(1) Leg Rep C 4
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 21 Dec 1999
Yanner v Eaton [No 2]

Practice and procedure
– Costs - Whether successful appellant entitled to costs of appeals in summary criminal proceedings.

R v Puckeridge [1999] HCA 68

(1999) 74 ALJR 373; 168 ALR 4
Gaudron, McHugh, Kirby, Hayne, Callinan JJ
Date: 20 Dec 1999
The Queen v Puckeridge

Criminal law
– Causation - Whether evidence capable of satisfying jury beyond reasonable doubt that act of defendant caused death of victim - Test for sufficiency of evidence.

Esso Australia Resources Ltd v Federal Commissioner of Taxation [1999] HCA 67

(1999) 201 CLR 49; 74 ALJR 339; 168 ALR 123; 43 ATR 506
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Callinan JJ
Date: 21 Dec 1999
Esso Australia Resources Limited v The Commissioner of Taxation

Practice and procedure
– Discovery - Legal professional privilege - Whether test for privilege is \dominant purpose" test or "sole purpose" test.

Evidence – Legal professional privilege - Client legal privilege - Test for - Whether "dominant purpose or sole purpose".

Statutes – Influence on common law - Evidence Act 1995 - Applicable in three Australian jurisdictions - Whether enactments affect development of common law - Significance of non-enactment in other jurisdictions - Relevance (if any) of Act to application to review past authority of High Court.

Mann v Carnell [1999] HCA 66

(1999) 201 CLR 1; 74 ALJR 378; 168 ALR 86; [2000] Aust Torts Reports 81-539
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Callinan JJ
Date: 20 Dec 1999
Mann v Carnell

Practice and procedure
– Preliminary discovery - Legal professional privilege - Loss of privilege - Waiver by disclosure to third party.

Australian Capital Territory – Separation of powers - Representative government - Nature of relationship between the ACT Legislative Assembly and the ACT Executive.

Lipohar v The Queen [1999] HCA 65

(1999) 200 CLR 485; 74 ALJR 282; 168 ALR 8; 109 A Crim R 207
Gleeson CJ, Gaudron, Gummow, Kirby, Hayne, Callinan JJ
Date: 9 Dec 1999
Lipohar v The Queen

Winfield v The Queen

Criminal law
– Jurisdiction - Conspiracy - Conspiracy to defraud at common law - Whether offence triable in a State where substantive elements of offence took place in other States and abroad - Whether offence triable in a State other than the State where the conspiracy was formed - Whether sufficient connection between subject matter of offence and State of trial.

Common law – Nature - Whether common law of Australia or individual States - Criminal law - Whether considerations of comity arise between States - Relevance of Australian Constitution - Conspiracy to defraud - Whether offence against common law of South Australia or \laws of that State".

Courts and judges – Supreme Court of South Australia - Jurisdiction - Criminal law - Conspiracy to defraud at common law.

Boland v Yates Property Corporation Pty Ltd [1999] HCA 64

(1999) 74 ALJR 209; 167 ALR 575; [2000] Aust Torts Reports 81-538
Gleeson CJ, Gaudron, Gummow, Kirby, Hayne, Callinan JJ
Date: 8 Dec 1999
Webster v Yates Property Corporation Pty Limited Negligence – Professional negligence - Legal practitioners - Standard of care. Acquisition of land - Determination of compensation - Special value of land to dispossessed owner - Theory of head start" to developers. Legal practitioners - Professional liability - Negligence - Barristers and solicitors - Immunity from action. Words and phrases - "market value" - "special value" - "head start". Trade Practices Act 1974 (Cth)

X v The Commonwealth [1999] HCA 63

(1999) 200 CLR 177; 74 ALJR 176; 167 ALR 529; 59 ALD 321
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 2 Dec 1999
X v The Commonwealth

Discrimination law
– Disability discrimination - Appellant discharged from army on account of HIV-positive status - Discrimination admitted - Discrimination alleged to be lawful - Appellant alleged to be unable to carry out the inherent requirements of the particular employment - Meaning of \inherent requirements of the particular employment" in s 15(4)(a) of the Disability Discrimination Act 1992 (Cth) - Whether appellant "unable" to perform inherent requirements with reasonable safety.

Discrimination law – Disability discrimination - Infectious disease - Whether s 48 of the Disability Discrimination Act 1992 (Cth) provides an exclusive code for determining whether discrimination on account of an infectious disease is lawful.

Discrimination law – Disability discrimination - "Combat duties" and "combat-related duties" - Whether s 53 of the Disability Discrimination Act 1992 (Cth) provides an exclusive code for determining whether discrimination in relation to "combat duties" and "combat-related duties" is lawful.

Administrative law – Application for order of review - Error of law - Whether applicant must show a different result was inevitable or merely open if no error was made.

Rudolphy v Lightfoot [1999] HCA 61

(1999) 197 CLR 500; 73 ALJR 1619; 167 ALR 105
Gleeson CJ, Gaudron, McHugh, Gummow, Hayne JJ
Date: 10 Nov 1999
Rudolphy v Lightfoot

Parliamentary elections (Cth)
– Senate - Death of incumbent Senator from Western Australia - Choice of replacement Senator pursuant to s 15 of the Constitution - Court of Disputed Returns - Jurisdiction - Petition - Whether prescribed limitation period for filing petition is a jurisdictional requirement - Whether unconscionable to rely on jurisdictional requirement.

Constitutional law – Elections - Senate - Death of incumbent Senator from Western Australia - Choice of replacement Senator pursuant to s 15 of the Constitution - Procedure necessary to challenge validity - Court of Disputed Returns.

Practice and Procedure – Court of Disputed Returns - Jurisdiction - Petition - Whether prescribed limitation period for filing petition is a jurisdictional requirement - Whether unconscionable to rely on jurisdictional requirement.

Calman v Commissioner of Police [1999] HCA 60

(1999) 73 ALJR 1609; 167 ALR 91; 59 ALD 366; 19 NSWCCR 40
Gaudron ACJ, McHugh, Gummow, Kirby, Callinan JJ
Date: 9 Nov 1999
Workers Compensation – Police - Compensation - Disease contracted in the course of employment - Aggravation of a disease where employment was a contributing factor - Whether officer entitled to compensation - Nature of entitlement - Necessity of appeal to Government and Related Employees Appeal Tribunal to vindicate entitlement - Whether hurt on duty"

Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59

(1999) 200 CLR 1; 74 ALJR 1; 167 ALR 1; [1999] Aust Torts Reports 81-532
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 10 Nov 1999
Crimmins v Stevedoring Industry Finance Committee

Negligence
– Duty of care - Statutory authority for stevedoring industry - Worker directed to places of work involving risk of injury - Whether duty to take affirmative action to protect worker - Factors relevant to determination of existence of duty.

Statutes – Interpretation - Transfer of liabilities from one statutory authority to another - Meaning of \liabilities and obligations" - Whether includes inchoate causes of action.

Re Colina; Ex parte Torney [1999] HCA 57

(1999) 200 CLR 386; 73 ALJR 1576; 166 ALR 545; 25 Fam LR 431; [1999] FLC 92-872
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 21 Oct 1999
Re Colina; Ex parte Torney

Contempt of court
– Family Court of Australia - Scandalising the court - Source of power to punish - Whether such offence must be prosecuted upon indictment.

Constitutional law – Contempt of court - Trial by jury - Whether indictable offence - Whether an offence against a law of the Commonwealth.

Courts and judges – Bias - Reasonable apprehension - Family Court of Australia - Speech by Chief Justice responding to criticisms of Court - Independence of members of the judiciary - Whether conduct or opinions of Chief Justice gives rise to a reasonable apprehension of bias on the part of trial judge.

Helljay Investments Pty Ltd v Deputy Commissioner of Taxation [1999] HCA 56

(1999) 74 ALJR 68; 166 ALR 302; 32 ACSR 625
Hayne J
Date: 6 Oct 1999
Helljay Investments Pty Ltd v Deputy Commissioner of Taxation

High Court
– Practice and procedure - Removal of causes - Points raised in application not arguable.

Constitutional law – Sovereignty - Whether certain legislation invalid due to a \break in sovereignty".

Practice and procedure – Costs - Award - Jurisdiction against non-party - Indemnity costs where application obviously untenable.

Courts and judges – Bias - Prejudgment of legal issues - Legal issues similar to those in case previously decided by judge - No grounds for reasonable suspicion that a proper hearing would not be obtained.

Inge v The Queen [1999] HCA 55

(1999) 199 CLR 295; 73 ALJR 1563; 166 ALR 312; 108 A Crim R 281
Gleeson CJ, Gaudron, Kirby, Hayne, Callinan JJ
Date: 7 Oct 1999
Inge v The Queen

Criminal law
– Sentencing - Murder - Mandatory life sentence - Parole - Minimum term during which prisoner not eligible for parole - Whether appellant's youth counts against him in determining non-parole period.

R v Olbrich [1999] HCA 54

(1999) 199 CLR 270; 73 ALJR 1550; 166 ALR 330; 108 A Crim R 464
Gleeson CJ, Gaudron, Kirby, Hayne, Callinan JJ
Date: 7 Oct 1999
The Queen v Olbrich

Criminal law
– Sentencing - Fact finding for the purpose of sentencing - Onus and standard of proof - Importation of prohibited import - Whether trial judge obliged to determine precise role of accused - Distinction between "courier" and "principal".

Yanner v Eaton [1999] HCA 53

(1999) 201 CLR 351; 73 ALJR 1518; 166 ALR 258; 107 A Crim R 551; 105 LGERA 71
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 7 Oct 1999

Wu v The Queen [1999] HCA 52

(1999) 199 CLR 99; 73 ALJR 1497; 166 ALR 200; 108 A Crim R 252
Gleeson CJ, McHugh, Kirby, Hayne, Callinan JJ
Date: 30 Sep 1999
Wu v The Queen

Criminal law
– Practice and procedure - Jury - Failure of juror to attend due to reported illness - Juror discharged by trial judge - Trial continued without juror - Whether trial judge erred in discharging juror - Whether judge's power or discretion miscarried in the terms in which he exercised it - Whether juror incapable of continuing to act - Whether the decision to discharge a juror and the decision to continue with fewer than 12 jurors involve separate considerations.

Jury – Criminal trial - Juror discharged for reported illness - Whether the decision to discharge a juror and the decision to continue with fewer than 12 jurors involve separate considerations.

MSP Nominees Pty Ltd v Commissioner of Stamps [1999] HCA 51

(1999) 198 CLR 494; 73 ALJR 1489; 166 ALR 149; 42 ATR 833; 99 ATC 4937
Gleeson CJ, Gaudron, Gummow, Hayne, Callinan JJ
Date: 30 Sep 1999
MSP Nominees Pty Ltd v Commissioner of Stamps

Stamp duties
– Conveyance - Redemption of units in unit trust scheme - Register of units recorded cancellation - Whether register an instrument evidencing a deemed conveyance - Meaning of "transfer" in s 71(15) of the Stamp Duties Act 1923 (SA) - Whether beneficiary surrendered or renounced beneficial interest in

Katsuno v The Queen [1999] HCA 50

(1999) 199 CLR 40; 73 ALJR 1458; 166 ALR 159; 109 A Crim R 66
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Callinan JJ
Date: 30 Sep 1999
Katsuno v The Queen

Criminal law
– Juries - Practice in Victoria of provision of conviction and other information concerning potential jurors to Director of Public Prosecutions by police - Information used to exercise challenge - Whether practice prohibited by Juries Act 1967 (Vic) - Consequences of invalidation of practice - Whether prohibition of practice relates to the constitution and authority of the jury and to the trial process in a fundamental respect - Whether breach constituted a fundamental failureto observe requirements of the criminal process.

Criminal law – Juries - Nature of and entitlement to peremptory challenge - Relevance of reasons for exercise.

Criminal law – Constitutional requirement of trial by jury - Representative nature of the jury.

Jury – Commonwealth offence - Trial in State court - Provision of information by police to prosecutor - Information used to exercise challenge - Whether practice prohibited - Whether breach constituted a fundamental failure to observe requirements of the criminal trial.

Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49

(1999) 202 CLR 1; 73 ALJR 1435; 166 ALR 228; 45 IPR 353; [1999] AIPC 91-514
Gleeson CJ, Gaudron, McHugh, Gummow, Hayne JJ
Date: 30 Sep 1999
Data Access Corporation v Powerflex Services Pty Ltd

Intellectual property
– Copyright - Subsistence and infringement of copyright - Computer software.

Subsistence of copyright – Computer languages - Words used as commands in one computer language used as commands with identical functions in another computer language - Whether copyright subsists in an individual command - Whether an individual command is itself a \computer program" within s 10(1) of the Copyright Act 1968 (Cth).

Infringement of copyright – Computer program - Application development system designed to enable computer programs to be written using certain commands - Whether a collocation of those commands constitutes a "substantial part" of the application development system - Test of substantiality as applied to computer programs.

Infringement of copyright – Computer program - Whether a macro in one computer program is an "adaptation" of a macro with the same functionality in another computer program - Meaning of "version" in s 10(1) of the Copyright Act 1968 (Cth).

Subsistence of copyright – Computer data table used for standard data compressions - Whether the data table is an "original literary work".

Infringement of copyright – Whether process devised to replicate a computer data table by examining its output constitutes a "reproduction" of the table.

AB v The Queen [1999] HCA 46

(1999) 198 CLR 111; 73 ALJR 1385; 165 ALR 298
McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 9 Sep 1999
AB v The Queen

Criminal law
– Sentence - Principles - Offences not forming the basis of extradition - Extradition law - Confession and non-insistence on rule of speciality - Whether sentencing Court required to have regard to the public interest in the accused's confession and non-insistence on rule of speciality.

Appeal – Sentence for criminal offences - New ground added in appeal to High Court - Ground not expressly taken at first instance or in Court of Criminal Appeal - Whether ground could or should be allowed - Whether materials before lower courts, relevant to ground, sufficiently raised point of law for consideration in High Court.

Now Showing items 1 to 20   Next Page

Back to the top