Briggs v. State of New South Wales

Case No.

S144/2017

Case Information

Lower Court Judgment

9/12/2016 Supreme Court of New South Wales (Court of Appeal) (McColl JA, Ward JA, Leeming JA)

[2016] NSWCA 344

Catchwords

Negligence – Works Compensation Act 1987 (NSW) – Breach of duty – Where appellant suffered psychological injury due to exposure to traumatic events in course of duties as police officer – Where appellant told supervisor he was “struggling” and applied for “theoretical demotion” – Where appellant interviewed by Professional Standards Command while on sick leave – Whether Court of Appeal erred in finding respondent did not breach duty of care by failing to make enquiries as to appellant’s reasons for seeking demotion – Whether Court of Appeal erred in formulation of content of duty of care – Whether Court of Appeal erred in finding respondent did not breach duty of care in manner in which professional standards enquiry conducted while appellant was on sick leave.

Documents*

12/05/2017 Hearing (SLA, Canberra)

25/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

04/07/2017 Written submissions (Respondent)

11/07/2017 Reply

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

Kalbasi v. The State of Western Australia

Case No.

P21/2017

Case Information

Lower Court Judgment

17/08/2016 Supreme Court of Western Australia (Court of Appeal) (McLure P, Mazza JA & Mitchell JA)

[2016] WASCA 144

Catchwords

Criminal law – Appeal against conviction – Criminal Appeals Act 2004 (WA) s 30(4) – Where appellant convicted of attempt to possess prohibited drug with intent to sell or supply contrary to Misuse of Drugs Act 1981 (WA) ss 6(1)(a), 33(1) – Where Court of Appeal concluded jury directions on intention erroneous as presumption of intent to sell or supply under s 11 of Act did not apply, but held no substantial miscarriage of justice – Whether Court of Appeal erred in finding no substantial miscarriage of justice and applying proviso – Whether Weiss v The Queen (2005) 224 CLR 300 should be revisited and/or qualified and/or overruled.

Documents*

12/05/2017 Hearing (SLA, Canberra v/link Perth)

23/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (Respondent)

21/07/2017 Reply

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

Regional Express Holdings Limited  v. Australian Federation of Air Pilots

Case No.

M71/2017

Case Information

Lower Court Judgment

26/10/2016 Federal Court of Australia (North, Jessup and White JJ)

[2016] FCAFC 147

Catchwords

Industrial law – Fair Work Act 2009 (Cth) – Fair Work (Registered Organisations) Act 2009 (Cth) – Standing – Where appellant sent letter to unidentified persons who applied for cadet employment program – Where respondent, a registered organisation, commenced proceedings in Federal Circuit Court seeking pecuniary penalty orders against appellant on basis letter contravened various provisions of Fair Work Act – Where appellant sought orders dismissing or striking out application on basis respondent lacked standing – Whether respondent “entitled to represent the industrial interests” of letter recipients under s 540(6)(b)(ii) because recipients capable of becoming members of respondent despite not actually being members.

Documents*

12/05/2017 Hearing (SLA, Canberra)

26/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (Respondent)

21/07/2017 Reply

12/09/2017 Hearing (Full Court, Melbourne)

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

Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Anor

Case No.

M65/2017

Case Information

Lower Court Judgment

21/12/2016 Federal Court of Australia (Allsop CJ, North J, Jessup J)

[2016] FCAFC 184

Catchwords

Industrial law – Fair Work Act 2009 (Cth) – Where respondents admitted contravention of s 348 of the Act – Where pecuniary penalties imposed on respondents – Where primary judge ordered first respondent not to indemnify second respondent against penalties – Where Full Federal Court set aside order on basis that Court had no power to make such order – Whether Federal Court has power to order party not to indemnify another party in respect of pecuniary penalty order made under s 546.

Documents*

12/05/2017 Hearing (SLA, Canberra)

25/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (Respondents)

21/07/2017 Reply

05/09/2017 Hearing (Full Court, Melbourne) - VACATED

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

Maxcon Constructions Pty Ltd v. Vadasz & Ors

Case No.

A17/2017

Case Information

Lower Court Judgment

8/02/2017 Supreme Court of South Australia (Blue J, Lovell J & Hinton J)

[2017] SASCFC 2

Catchwords

Jurisdiction – Error of law on face of record – Building and Construction Industry Security of Payment Act 2009 (SA) – Where adjudicator made determination that amount be paid by appellant – Where appellant sought judicial review of determination – Where Full Court considered it was required by Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 to follow Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (“Probuild”) – Whether Full Court erred in following Probuild and concluding that Act excluded judicial review on ground of error of law on face of record – Whether Full Court erred in holding that error of law in application of s 12 did not amount to jurisdictional error – Whether Full Court erred in holding that, if error enlivened Court’s jurisdiction to grant certiorari, appropriate order would be to partially set aside but partially preserve determination.

Documents*

12/05/2017 Hearing (SLA, Canberra)

26/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (First Respondent)

21/07/2017 Reply

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

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