Audio-visual recordings of Full Court hearings heard in Canberra

Case: McCloy & Ors v. State of New South Wales & Anor

Date: 10 June 2015

Transcript: Hearing

AV time: 4h 28m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Audio-visual recordings of Full Court hearings heard in Canberra

Case: Swearing-in Ceremony of the Hon Justice Michelle Gordon as a Justice of the High Court of Australia

Date: 09 June 2015

Transcript: Hearing

AV time: 43m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

North Australian Aboriginal Justice Agency Limited & Anor v. Northern Territory of Australia

Case No.

M45/2015

Case Information

Catchwords

Criminal procedure – Arrest and detention – Effecting arrest – Police Administration Act (NT) (“Act”) Div 4AA of Pt VII– Where Div 4AA of the Act allows for a member of the Police Force to take a person into custody for a period of up to four hours for an infringement notice offence – Where the offence in respect of which a person can be taken into custody can be an offence for which the maximum penalty is not imprisonment - Where the Act does not require a person to be brought before a justice of the peace or a Court – Whether Div 4AA is beyond the powers of the Northern Territory Assembly pursuant to s 122 of the Constitution and the Northern Territory (Self-Government) Act – Whether Div 4AA confers on the executive a power of detention which is penal or punitive in character.

Short Particulars

Documents*

31/03/2015 Writ of summons

02/04/2015 Notice of constitutional matter (Plaintiff)

30/04/2015 Hearing (Single Justice, Melbourne)

03/06/2015 Hearing (Single Justice, Melbourne)

06/07/2015 Written submissions (Plaintiffs)

06/07/2015 Chronology (Plaintiffs)

13/07/2015 Proposed Written Submissions (Australian Human Rights Commission seeking leave to intervene)

06/08/2015 Written submissions (Defendant)

13/08/2015 Written submissions (Attorney-General of the Commonwealth intervening)

13/08/2015 Written submissions (Attorney-General for the State of New South Wales intervening)

13/08/2015 Written submissions (Attorney-General for the State of South Australia intervening)

13/08/2015 Written submissions (Attorney-General for the State of Western Australia intervening)

13/08/2015 Written submissions (Attorney-General of the State of Queensland intervening)

13/08/2015 Written submissions (Attorney-General for the Australian Capital Territory intervening)

20/08/2015 Reply

01/09/2015 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

The Queen v. Pham

Case No.

M82/2015

Case Information

Lower Court Judgment

5/09/2014 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Osborn & Kyrou JJA)

[2014] VSCA 204

Catchwords

Criminal law – Sentence- Sentencing procedure – Sentencing statistics, schedules, tariffs, comparisons, etc. – Consistency for federal offences – Where respondent brought 577 grams of heroin into Australia and pleaded guilty to one charge of importing a marketable quantity of a border controlled drug – Where respondent was originally sentenced to eight years and six months imprisonment with a non-parole period of six years – Where sentence was reduced on appeal to six years imprisonment with a non-parole period of four years – Whether federal offenders should be sentenced in accordance with “current sentencing practices” of a particular State or Territory to the exclusion of sentencing practices in other jurisdictions – Whether it is permissible to determine objective seriousness of the offending by reference to a statistical analysis of comparable cases which grades those cases by the weight of the drugs expressed as a percentage of the statutory threshold for a more serious offence.

Short Particulars

Documents*

15/05/2015 Hearing (SLA, Melbourne)

29/05/2015 Notice of appeal

19/06/2015 Written submissions (Appellant)

19/06/2015 Chronology (Appellant)

17/07/2015 Written submissions (Respondent)

24/07/2015 Reply

09/09/2015 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

State of Victoria v. Tatts Group Limited

Case No.

M83/2015

Related matter.

Tabcorp Holdings Limited v. State of Victoria - M81/2015

Case Information

Lower Court Judgment

4/12/2014 Supreme Court of Victoria (Court of Appeal) (Nettle J, Osborn J, Whelan J)

[2014] VSCA 311

Catchwords

Statutory interpretation – Gambling Regulation Act 2003 (Vic) ss 1.3, 3.4.33 and Pt 4 of Ch 3– Gaming operator licenses – Where the regime changed and the ability to issue gaming operator?s licenses was abolished – Where respondent?s license expired – Whether respondent entitled to a terminal payment on the grant of gaming operator?s licence to person other than former licensee or a related entity – Whether when construing a contractual promise in an agreement between a government and private party which expressly requires the subsequent enactment of that promise in legislation can this agreement to afford the promise statutory force be relevant to ascertaining the intentions of the parties with respect to the meaning of the promise – Whether the contractual promise survives the agreed enactment of legislation embodying the same – Whether the contractual promise continues to have operation after the enactment of the statutory right if that statutory right is legislatively nullified – Whether a prior contractual promise can survive the enactment of legislation which has the purpose and effect of nullifying the parallel statutory right.

Documents*

15/05/2015 Hearing (SLA, Melbourne)

29/05/2015 Notice of appeal

19/06/2015 Written submissions (Appellant)

19/06/2015 Chronology (Appellant)

10/07/2015 Written submissions (Respondent)

24/07/2015 Reply

*The due dates shown for documents on this page are indicative only. 

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