Date: 27 Jun 1977
Fisheries – Constitutional Law (Cth) - Constitutional Law (S.
A.
)
Fisheries – Regulation - Australian waters - Proclaimed waters - Proclamation - Waters not within territorial limits of a State - Powers of State Parliaments - Investigator Strait - Whether beyond territorial limits of South Australia - The Constitution (63 &64 Vict.
c.
12), s.
51 (x.
).
Constitutional Law (Cth) - Inconsistency between Commonwealth and State laws - State law requiring licence to fish in certain waters not within territorial limits of State - Commonwealth law requiring licence to fish in waters beyond territorial limits of a State - Whether inconsistency - The Constitution (63 &64 Vict.
c.
12), s.
109 - Fisheries Act, 1971 (S.
A.
), ss.
5 (2), 29 (1), 42 - Off-shore Waters (Application of Laws) Act, 1976 (S.
A.
), ss.
3, 4 - Fisheries Act 1952 (Cth), ss.
7, 12.
Constitutional Law (S.
A.
) - Seaward boundaries of State - Legislative power over contiguous sea - Territorial Waters - Whether Gulf of St.
Vincent, Spencer Gulf and Investigator Strait part of territory of South Australia - Statute 4 &5 Will.
IV c.
95 (Imp.
) - Letters Patent of 19th February 1836 establishing Province of South Australia - Fisheries Act, 1971 (S.
A.
), ss.
5 (2), 29 (1), 42 - Off-shore Waters (Application of Laws) Act, 1976 (S.
A.
), ss.
3, 4.
(1984) 156 CLR 532; 59 ALJR 6; 56 ALR 82
Gibbs CJ, Mason, Murphy, Wilson, Brennan, Deane, Dawson JJ
Date: 6 Nov 1984
Contract – Injunction - Criminal Law
Contract – Public policy - Contract of employment - Employment by Commonwealth - Term binding Commonwealth not to disclose name of employee or any act performed in course of employment - Whether contrary to public interest and national security - Suspicion that criminal offences committed in course of employment - Security training exercise - Australian Secret Intelligence Service.
Injunction - Criminal Law - Suspected breach - Confidential information - Public interest - Prejudice to national security - Functions of executive government.
Criminal Law - Defence of superior orders - Whether maintainable.
(1997) 190 CLR 225; 71 ALJR 381; 142 ALR 331; [1998] INLR 1; 2 BHRC 143
Brennan CJ, McHugh, Gummow, Kirby, Dawson JJ
Date: 24 Feb 1997
Immigration – Refugee status - Fear of persecution by forcible sterilisation pursuant to China's One Child Policy" - Whether persecution feared "for reasons of .
.
.
membership of a particular social group" - Whether legitimate to define particular social group by reference to fear of persecution.
Statutes - Interpretation - Statute incorporating provisions of international treaty - Approach to construction.
Words and phrases - "particular social group" - "for reasons of".
Migration Act 1958 (Cth)
(1959) 104 CLR 508; 33 ALJR 333; 12 ATD 127
Windeyer J
Date: 30 Oct 1959
Income Tax (Cth)
Income Tax (Cth) – Assessable income - Lease - Meaning of expiry of a lease" - Lessor assessed on estimated value to him of improvements made by lessee - Exception where lease to company by individual who controls voting power - Relevant date at &hich control must exist - Operation of taxing provision where lease surrendered in year improvements completed - Income Tax and Social Services Contribution Assessment Act 1936-1953 (Cth)
(1984) 155 CLR 107; 58 ALJR 378; 53 ALR 609
Gibbs CJ, Mason, Murphy, Wilson, Brennan, Deane, Dawson JJ
Date: 28 Jun 1984
Constitutional Law
Constitutional Law – Privy Council - Appeal from Supreme Court of Queensland - Petition by convicted person for special leave to appeal from decisions of Court of Criminal Appeal dismissing appeal from conviction and refusing leave to appeal from conviction - Competence - Previous refusal by High Court of special leave to appeal against each decision of Court of Criminal Appeal - The Constitution (63 &64 Vict.
c.
12), s.
73 - Privy Council (Limitation of Appeals) Act 1968 (Cth), s.
3 - Privy Council (Appeals from the High Court) Act 1975 (Cth), s.
3.
(1957) 97 CLR 146; 31 ALJ 504
Fullagar J
Date: 20 May 1957
(1962) 109 CLR 163; 36 ALJR 223; [1963] ALR 276
Kitto J
Date: 9 Nov 1962
Defence and War
Defence and War – Trading with the enemy - Enemy property - Application for transfer of moneys &.
to Controller of Enemy Property - Power of High Court to give directions as to application of moneys for meeting just claims - Nature of directions - Just claims" - Future maintenance of dependants of persons in respect of whom controllers appointed - Trading with the Enemy Act 1939-1952 (Cth)
(1963) 109 CLR 169; 36 ALJR 360; [1963] ALR 653
Kitto J
Date: 24 Apr 1963
Defence and War
Defence and War – Trading with the enemy - Enemy property - Application for transfer of moneys etc.
to Controller of Enemy Property - Power of High Court to give directions as to application of moneys - Just claims" - Claims adverse to ownership terminated by vesting - Claims of legal right - Trading with the Enemy Act 1939-1952 (Cth)
(1978) 144 CLR 161; 52 ALJR 573; 19 ALR 385
Gibbs ACJ, Stephen, Mason, Jacobs, Murphy, Aickin JJ
Date: 15 Jun 1978
Constitutional Law (Cth) – Practice
Constitutional Law (Cth) – Special leave of appeal from High Court to Privy Council - Limitation of matters in &hich such leave may be asked - The Constitution (63 &64 Vic.
c.
12), ss.
73, 74, 75, 76 - Privy Council (Limitation of Appeals) Act 1968 (Cth), s.
3 - Privy Council (Appeals from the High Court) Act 1975 (Cth), s.
3.
Practice - Parties - Locus standi - Right of Attorney-General of Commonwealth to sue for declaration.
(1986) 160 CLR 315; 60 ALJR 353; 65 ALR 74; [1986] Aust HC & Fed Ct Prac 96,431
Mason, Wilson, Brennan, Deane, Dawson JJ
Date: 15 May 1986
Constitutional Law (Cth)
Constitutional Law (Cth) – High Court - Removal of causes involving interpretation of Constitution - Matter" - Cause under appeal to State Court of Appeal - Whether capable of removal - Original action standing dismissed - Whether capable of removal - Whether matter involves interpretation of Constitution - The Constitution (63 &64 Vict.
c.
12)
(1958) 98 CLR 538; 32 ALJR 44; [1958] ALR 257
Dixon CJ, McTiernan, Williams, Webb, Kitto JJ
Date: 11 Mar 1958
(1952) 85 CLR 237; [1952] ALR 125; 52 SR (NSW) 3; 69 WN (NSW) 49; 25 ALJ 762
Dixon, McTiernan, Williams, Webb, Fullagar, Kitto JJ
Date: 5 Mar 1952
(1985) 158 CLR 500; 59 ALJR 749; 61 ALR 55
Gibbs CJ, Mason, Wilson, Brennan, Dawson JJ
Date: 25 Sep 1985
Practice
Practice – Discovery - Legal professional privilege - Communications between government and salaried legal advisers - Prima facie evidence of deliberate abuse of statutory powers.
(1959) 100 CLR 502; 33 ALJR 94; 11 ATD 577
Menzies J
Date: 28 May 1959
Income Tax (Cth.
)
Income Tax (Cth.
) - Life assurance company - Blocks of flats bought as long term investments - Sale dictated by economic considerations - Profit on sale - Whether profit capital gain or income according to ordinary concepts - Income Tax and Social Services Contribution Assessment Act 1936-1950, s.
6 (1).
(1978) 141 CLR 335; 53 ALJR 66; 22 ALR 1
Gibbs ACJ, Stephen, Jacobs, Murphy, Aickin JJ
Date: 24 Nov 1978
Building Contracts
Building Contracts – Construction - Security in lieu of retention fund - Whether building owner may pay sub-contractors out of security moneys - Entitlement to surplus after payment - Subrogation.
(1953) 88 CLR 23; [1953] ALR 855; 10 ATD 217; 27 ALJ 408
Fullagar J
Date: 9 Sep 1953
(1958) 101 CLR 119; 32 ALJR 301; [1959] ALR 855
Dixon CJ, McTiernan, Taylor JJ
Date: 21 Nov 1958
(1976) 180 CLR 199; 50 ALJR 454; 8 ALR 455; [1976] WCR (NSW) 18
Barwick CJ, McTiernan, Gibbs, Stephen, Mason JJ
Date: 3 Mar 1976
Worker's Compensation (N.
S.
W) - Compensation - Calculation - Total and partial dependency - Dependant" - Child of worker living with mother in stepfather's house - Support by mother out of maintenance payments made by worker - Whether wholly dependent on worker for support - Workers' Compensation Act 1926 (N.
S.
W)
(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.
