Audio-visual recordings of Full Court hearings heard in Canberra
Case: HFM043 v. Republic of Nauru
Date: 14 June 2018
Transcript: Hearing
AV time: 2h 19m
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Rinehart & Anor v. Hancock Prospecting Pty Ltd & Ors
Rinehart & Anor v. Georgina Hope Rinehart (in her personal capacity and as trustee of the Hope Margaret Hancock Trust and as trustee of the HFMF Trust) & Ors
Case No.
S143/2018; S144/2018
Case Information
Lower Court Judgment
27/10/2017; 15/12/2017 Federal Court of Australia (Allsop CJ, Besanko J, O'Callaghan J)
Catchwords
Arbitration – Arbitration agreements – Interpretation – Where parties entered into series of deeds containing arbitration agreements – Where primary judge ordered trial of question whether arbitration agreements in deeds null and void, inoperative or incapable of being performed – Where Full Court stayed proceeding and referred parties to arbitration – Whether Full Court erred in concluding arbitration clauses expressed to cover disputes “under” agreement extended to disputes concerning the validity of the deeds or provisions thereof.
Documents
18/05/2018 Hearing (SLA, Sydney)
01/06/2018 Notice of appeal
15/06/2018 Summons seeking to file a Notice of Cross Appeal - S143/2018 (Sixth to Eighth Respondents)
06/07/2018 Written submissions - S143/2018 (Appellants)
06/07/2018 Written submissions - S144/2018 (Appellants)
09/07/2018 Chronology - S143/2018 (Appellants)
09/07/2018 Chronology - S144/2018 (Appellants)
03/08/2018 Written submissions - S143/2018 (First to Eighth Respondents)
03/08/2018 Written submissions - S144/2018 (First and Second Respondents)
06/08/2018 Written submissions - S143/2018 (Ninth and Eleventh Respondents)
06/08/2018 Written submissions - S144/2018 (Third to Tenth Respondents)
17/08/2018 Written submissions (Australian Centre for International Commercial Arbitration Limited seeking leave to appear as amicus curiae)
17/08/2018 Written submissions - S143/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)
17/08/2018 Written submissions - S144/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)
24/08/2018 Reply - S143/2018
24/08/2018 Reply - S144/2018
14/09/2018 Written submissions on proposed Cross Appeal - S143/2018 (Sixth to Eighth Respondents)
21/09/2018 Amended written submissions - S143/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)
21/09/2018 Amended written submissions - S144/2018 (Wright Prospecting Pty Ltd seeking leave to intervene as a non-party)
05/10/2018 Written submissions in response to amended written submissions - S143/2018 (First to Eighth Respondents)
05/10/2018 Written submissions in response to amended written submissions - S144/2018 (First to Second Respondents)
05/10/2018 Written submisisons in response to amended written submissions - S144/2018 (Third to Tenth Respondents)
05/10/2018 Written submission on proposed Cross Appeal - S143/2018 (Appellants)
12/10/2018 Reply on proposed Cross Appeal - S143/2018 (Sixth to Eighth Respondents)
12/10/2018 Hearing (Full Court, Canberra) - VACATED
13/11/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
13/11/2018 Outline of oral argument (Appellants)
13/11/2018 Outline of oral argument - S143/2018 (First to Eighth Respondents)
13/11/2018 Outline of oral argument - S144/2018 (First to Second Respondents)
14/11/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
08/05/2019 Judgment (Judgment summary)
Grajewski v. Director of Public Prosecutions (NSW)
Case No.
S141/2018
Case Information
Lower Court Judgment
24/10/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Leeming JA, Johnson J, Adamson J)
Catchwords
Criminal law – Destroy or damage property – Crimes Act 1900 (NSW) s 195(1) – Meaning of “damage” – Where appellant climbed machine causing operator to shut down machine – Where appellant convicted of intentionally or recklessly damaging property contrary to s 195(1)(a) – Where District Court dismissed appeal and referred question whether facts can support finding of guilt to Court of Criminal Appeal – Where Court of Criminal Appeal answered “yes” – Whether Court of Criminal Appeal erred in concluding “damage” can be established where no physical derangement of property – Whether Court of Criminal Appeal erred in concluding temporary physical interference with functionality of property may constitute “damage” for purpose of s 195.
Documents
18/05/2018 Hearing (SLA, Sydney)
01/06/2018 Notice of appeal
05/07/2018 Written submissions (Appellant)
05/07/2018 Chronology (Appellant)
03/08/2018 Written submissions (Respondent)
24/08/2018 Reply
12/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2018 Outline of oral argument (Appellant)
12/10/2018 Outline of oral argument (Respondent)
13/03/2019 Judgment (Judgment summary)
Parkes Shire Council v. South West Helicopters Pty Limited
Case No.
S140/2018
Case Information
Lower Court Judgment
7/12/2017 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Leeming JA, Payne JA)
Catchwords
Tort – Negligence – Psychiatric injury – Where Council engaged South West Helicopters to provide helicopter and pilot for aerial survey – Where Council employees died in helicopter crash – Where relatives brought proceedings in negligence for nervous shock against Council and South West Helicopters under Compensation to Relatives Act 1897 (NSW) – Where primary judge upheld claim – Where majority of Court of Appeal allowed appeal on basis any liability South West Helicopters might have had under Compensation to Relatives Act or general law excluded by Civil Aviation (Carriers’ Liability) Act 1959 (Cth) – Whether majority of Court of Appeal erred in construction of s 35 of Civil Aviation (Carriers’ Liability) Act – Whether majority of Court of Appeal erred in failing to conclude claims against carriers brought by non-passengers following death of passenger not regulated by s 35
Documents
18/05/2018 Hearing (SLA, Sydney)
01/06/2018 Notice of appeal
05/07/2018 Written submissions (Appellant)
05/07/2018 Chronology (Appellant)
03/08/2018 Written submissions (Respondent)
31/08/2018 Reply
14/11/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
14/11/2018 Outline of oral argument (Appellant)
14/11/2018 Outline of oral argument (Respondent)
08/05/2019 Judgment (Judgment summary)
BEG15 v. Minister for Immigration and Border Protection & Anor
Case No.
S135/2018
Case Information
Lower Court Judgment
29/11/2017 Federal Court of Australia (Kenny J, Tracey J, Griffiths J)
Catchwords
Migration – Jurisdictional error – Migration Act 1958 (Cth) s 438 – Where appellant applied for protection visa – Where application refused by delegate – Where appellant applied to Refugee Review Tribunal for review of decision – Where delegate issued certificate under s 438(1)(a) that disclosure of certain information would be contrary to public interest – Where certificate invalid – Where Tribunal did not inform appellant of certificate or disclose information to appellant – Where Tribunal affirmed delegate’s decision – Where Federal Circuit Court dismissed application for judicial review – Where Full Federal Court dismissed appeal – Whether Full Court erred in failing to find Tribunal fell into jurisdictional error in acting on invalid certificate – Whether Full Court erred in failing to find not open to primary judge to withhold relief where decision affected by jurisdictional error – Whether necessary for applicant to show denial of procedural fairness in addition to invalidity of certificate.
Documents
10/05/2018 Determination (SLA, Canberra)
24/05/2018 Notice of appeal
30/05/2018 Submitting appearance (Second Respondent)
28/06/2018 Written submissions (Appellant)
06/07/2018 Chronology (Appellant)
26/07/2018 Written submissions (First Respondent)
22/08/2018 Amended Reply
10/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/09/2018 Outline of oral argument (Appellant)
10/09/2018 Outline of oral argument (Respondent)
13/02/2019 Judgment (Judgment summary)