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.
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.
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)
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.
Date: 2 Dec 1999 Case Number: C22/1998 C23/1998 C24/1998
Administrative law – Aviation – Civil Aviation Authority – Charges levied by CAA for use of services and facilities – Whether charges were reasonably related to expenses incurred in provision of services and facilities – Whether particular charges required to relate to particular services – Whether charges amounted to taxation.
Constitutional law – Acquisition of property – Statutory liens imposed on leased aircraft where lessee had accrued charges remaining unpaid – Discharge of liens by payment of charges and penalties by lessors – Whether such liens constituted the acquisition of property otherwise than on just terms.
Constitutional law – Taxation – Statutory authority – Provision of services to be paid for by users – Whether law effecting indirect subsidy between users of services a law imposing taxation.
Constitutional law – Executive government – Statutory authority – Provision of services to be paid for by users – Whether financial structure permitted by ss 81 and 83 of the Constitution.
Statutory interpretation – Statutory instrument – Construction to be adopted where two alternative constructions available.
Liens – Statutory liens imposed on property to secure debts of lessee – Whether acquisition of property otherwise than on just terms.
Words and phrases – "fee for service" – "just terms" – "reasonably related" –"taxation" – "value".
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.
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"
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.
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
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.
(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.
(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".
(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.
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
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
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.