Duncan v. Independent Commission against Corruption

Case No.

S101/2015

Case Information

Catchwords

Statutes – Independent Commission Against Corruption Act 1988 (NSW) (“Act”) Pt 13 of Sch 4 – Where Pt 13 of the Act allows for the Independent Commission Against Corruption (“ICAC”) to act on the assumption that the definition of “corrupt conduct” in s 8(2) of the Act extends to conduct that adversely affects or could adversely affect the efficacy of the exercise of official function – Whether Pt 13 ousts the power of the Supreme Court of New South Wales to grant relief for a specific category of jurisdictional error of respondent – Whether Pt 13 is an impermissible command or direction by the Parliament of New South Wales to the Courts of New South Wales and any other Courts empowered to hear appeals.

Short Particulars

Documents*

19/05/2015 Hearing (Single Justice, Sydney)

25/05/2015 Hearing (Single Justice, Sydney)

28/05/2015 Cause removed

19/06/2015 Written submissions (Appellant)

19/06/2015 Chronology

10/07/2015 Written submissions (Respondent)

15/07/2015 Written submissions (Attorney-General for the State of Victoria intervening)

17/07/2015 Written submissions (Attorney-General for the State of New South Wales intervening)

17/07/2015 Written submissions (Attorney-General for the State of South Australia intervening)

17/07/2015 Written submissions (Attorney-General for the State of Western Australia intervening)

17/07/2015 Written submissions (Attorney-General of the State of Queensland intervening)

24/07/2015 Reply

05/08/2015 Hearing (Full Court, Canberra)

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

Macoun v. Commissioner of Taxation

Case No.

S100/2015

Case Information

Lower Court Judgment

4/12/2014 Federal Court of Australia (Edmonds J, Perram J, Nicholas J)

[2014] FCAFC 162

Catchwords

Income Tax – Appeal from the Administrative Appeals Tribunal – Specialised Agencies (Privileges and Immunities) Regulations 1986 (Cth) cl 8 - International Organisations (Privileges and Immunities) Act 1963 (Cth) Sch 4 Pt 1 – Income Tax Assessment Act 1997 (Cth) s 6-20 - Where the appellant received pension payments from a foreign retirement plan – Where appellant was no longer employed by a Specialised Agency exempt from income tax pursuant to cl 8 of the Specialised Agencies (Privileges and Immunities) Regulations 1986 (Cth) – Whether appellant?s pension payments are exempt from income tax.

Documents*

15/05/2015 Hearing (SLA, Sydney)

28/05/2015 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. 

The Queen v. Beckett

Case No.

S94/2015

Case Information

Lower Court Judgment

12/12/2014 Supreme Court of New South Wales (Court of Criminal Appeal) (Beazley P, Humle J, Bellew J)

[2014] NSWCCA 305

Catchwords

Criminal law – Particular offences – Offences relating to the administration of justice – Perverting the course of justice – Crimes Act 1900 (NSW) s 319 - Where respondent was questioned about a property transfer she had stamped without receiving the duty – Where respondent obtained two bank cheques for the property and altered photocopies so that the cheques appeared to pre-date the transfer – Where respondent gave false evidence under oath – Where respondent was charged with perverting the course of justice – Whether offence to pervert the course of justice only applies to conduct committed after judicial proceedings have commenced – Whether course of justice within the meaning of s 319 requires that the jurisdiction of a court or competent judicial tribunal has been invoked.

Documents*

15/05/2015 Hearing (SLA, Sydney)

26/05/2015 Notice of appeal

10/07/2015 Written submissions (Appellant)

10/07//2015 Chronology (Appellant)

03/08/2015 Written submissions (Respondent)

17/08/2015 Reply

04/09/2015 Hearing (Full Court, Canberra)

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

Alcan Gove Pty Ltd v. Zabic

Case No.

D5/2015

Case Information

Lower Court Judgment

27/03/2015 Supreme Court of the Northern Territory (Court of Appeal) (Riley CJ, Southwood J, Hiley J)

[2015] NTCA 2

Catchwords

Torts – Negligence – Essentials of action for negligence – Damage – Workers Rehabilitation and Compensation Act 1986 (NT) (“Act”) ss 52, 189(1)- Where respondent was employed by appellant between 1974 – 1977 and regularly removed and replaced insulation products which contained asbestos – Where between November 2013 and January 2014 respondent began to experience chest pains and breathlessness which were found to be symptoms of malignant mesothelioma – Where respondent brought an action for common law damages arising out of appellant?s negligence – Where s 52 of the Act abolished common law damages claims against employers for injuries or diseases arising after 1 January 1987 – Whether, when dealing with an injury or a disease of insidious onset, when has sufficient damage been suffered to give rise to a cause of action – Whether liability for a negligently-inflicted mesothelioma arise at the time the asbestos was inhaled or does it arise when the symptoms become apparent.

Short Particulars

Documents*

15/05/2015 Hearing (SLA, Sydney)

27/05/2015 Notice of appeal

19/06/2015 Written submissions (Appellant)

19/06/2015 Chronology (Appellant)

10/07/2015 Written submissions (Respondent)

10/07/2015 Chronology (Respondent)

22/07/2015 Amended Chronology (Respondent)

24/07/2015 Reply

04/08/2015 Hearing (Full Court, Canberra)

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

Smith v. The Queen

Case No.

B18/2015

Case Information

Lower Court Judgment

7/11/2014 Supreme Court of Queensland (Court of Appeal) (Holmes JA, Phillippides and Dalton JJ )

[2014] QCA 277

Catchwords

Jury – Verdicts and findings – Majority verdict – s 59A Jury Act 1995 (Q) - Where the appellant was convicted of one count of rape on a majority verdict – Where the jury had disclosed its voting pattern to the judge before the judge exercised the discretionary power pursuant to s 59A – Where the judge did not disclose the voting pattern to counsel – Whether a trial judge can elect not to disclose a jury communication which discloses the numerical state of its deliberations and still exercise further discretions concerning the jury in the trial.

Short Particulars

Documents

17/04/2015 Hearing (SLA, Canberra)

30/04/2015 Notice of appeal

15/05/2015 Written submissions (Appellant)

15/05/2015 Chronology (Appellant)

29/05/2015 Written submissions (Respondent)

05/06/2015 Reply

12/06/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

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