SZTAL v. Minister for Immigration and Border Protection & Anor
SZTGM v. Minister for Immigration and Border Protection & Anor

Case No.

S272/2016; S273/2016

Case Information

Lower Court Judgment

20/05/2016 Federal Court of Australia (Kenny J, Buchanan J, Nicholas J)

[2016] FCAFC 69

Catchwords

Migration – Statutory interpretation – Migration Act 1958 (Cth) – s 36(2)(aa), complementary protection criteria – Where appellants are nationals of Sri Lanka – Where appellants left Sri Lanka illegally – Where Tribunal accepted that it was likely that the appellants would be jailed upon return to Sri Lanka – Whether the Full Court of the Federal Court erred in holding that the requirement of international infliction of “cruel and inhuman treatment of punishment” or “degrading treatment or punishment” requires proof of a subjective intention.

Documents*

16/11/2016 Hearing (SLA, Sydney)

30/11/2016 Notice of appeal

21/12/2016 Written submissions (Appellants)

21/12/2016 Chronology (Appellants)

25/01/2017 Written submissions (Respondent)

08/02/2017 Reply

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

IL v. The Queen

Case No.

S270/2016

Case Information

Lower Court Judgment

8/04/2016 Supreme Court of New South Wales (Court of Criminal Appeal) (Simpson JA, R A Hulme J, Bellew J)

[2016] NSWCCA 51

Catchwords

Criminal law – Joint criminal enterprise – Where death caused by ignition of ring burner by deceased – Where evidence showed deceased and appellant had been involved in the production of prohibited drugs – Whether ignition of ring burner within criminal enterprise – Whether act “malicious” as required for constructive or felony murder under Crimes Act 1990 (NSW).

Documents*

16/11/2016 Hearing (SLA, Sydney)

29/11/2016 Notice of appeal

21/12/2016 Written submissions (Appellant)

21/12/2016 Chronology (Appellant)

14/02/2017 Written submissions (Respondent)

28/02/2017 Reply

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

Pickering v. The Queen

Case No.

B68/2016

Case Information

Lower Court Judgment

6/05/2016 Supreme Court of Queensland (Court of Appeal) (Holmes CJ, Fraser J, Gotterson JJA)

[2016] QCA 124

Catchwords

Criminal law – Criminal Code (QLD) – Where jury found appellant guilty of manslaughter – Where appellant killed deceased whilst allegedly trying to avoid him – Whether application of s 31(1)(c) of the Criminal Code (QLD) was excluded by s 31(2).

Documents*

16/11/2016 Hearing (SLA, Sydney v/link Brisbane)

24/11/2016 Notice of appeal

16/12/2016 Written submissions (Appellant)

16/12/2016 Chronology (Appellant)

25/01/2017 Written submissions (Respondent)

08/02/2017 Reply

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

Forrest & Forrest Pty Ltd v. Wilson & Ors

Case No.

P59/2016

Case Information

Lower Court Judgment

7/07/2016 Supreme Court of Western Australia (Court of Appeal) (McLure P, Newnes JA, Murphy JA)

[2016] WASCA 116

Catchwords

Mining law - Proper construction of s 74, s 74A and s 75 of Mining Act 1978 (WA) - Meaning of 'accompanied by' in s 74(1) - Whether lodgement of documents specified in s 74(1)(ca)(ii) a jurisdictional fact or a condition of validity - Whether failure to lodge mining operations statement a mandatory relevant consideration

Documents*

10/11/2016 Hearing (SLA, Canberra)

22/11/2016 Notice of appeal

14/12/2016 Written submissions (Appellant)

14/12/2016 Chronology (Appellant)

13/01/2017 Written submission (Respondents)

27/01/2017 Reply

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

Talacko as representative of the Estate of J E Talacko v. Bennett & Ors

Case No.

M154/2016

Case Information

Lower Court Judgment

28/07/2016 Supreme Court of Victoria (Ashley, Priest & Santamaria JJA)

[2016] VSCA 179

Catchwords

Appeal – Money judgment in Australian court – Judgment creditors’ wish to enforce judgment in foreign country – Two applications for certificate under s 15(1) Foreign Judgments Act 1991 (Cth) – Certificates issued, in different language – Judgment debtor bankrupt at time applications made – Judgment amount a ‘provable debt’ – Whether applications ‘duly made’ – Whether applications precluded by s 15(2) Foreign Judgments Act 1991 (Cth) on basis s 58(3) of Bankruptcy Act 1966 (Cth) operated as a ‘stay on enforcement of the judgment’ – Whether applications not ‘duly made’ on basis s 58(3)(a) or (b) precluded application for a certificate – Whether applications not ‘duly made’ because not supported by affidavit – Certificates declared invalid by trial judge – Foreign Judgments Act 1991 (Cth) s 15 – Bankruptcy Act 1966 (Cth) s 58(3) – Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 O 11 – Application for leave to appeal granted – Appeal allowed

Documents*

10/11/2016 Hearing (SLA, Canberra)

23/11/2016 Notice of appeal

28/11/2016 Submitting appearance (Fourth Respondent)

15/12/2016 Written submissions (Appellant)

15/12/2016 Chronology (Appellant)

21/12/2016  Written submissions (First to Third Respondents)

04/01/2017 Reply

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

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