Audio-visual recordings of Full Court hearings heard in Canberra
Case: Minister for Immigration and Border Protection v. SZVFW & Ors
Date: 13 March 2018
Transcript: Hearing
AV time: 1h 38m
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Mighty River International Limited v. Hughes & Ors
Mighty River International Limited v. Mineral Resources Limited & Ors
Case No.
P7/2018, P8/2018
Case Information
Lower Court Judgment
11/08/2017 Supreme Court of Western Australia (Court of Appeal) (Buss P, Murphy and Beech JJA)
Catchwords
Corporations – Deed of company arrangement – Corporations Act 2001 (Cth) ss 444A, 445G – Where company entered into deed of company arrangement – Where cl 8 provided no property of company available for distribution to creditors – Where appellant brought proceedings seeking declaration deed void or order setting deed aside – Where Supreme Court made declaration under s 445G(2) deed not void – Where Court of Appeal dismissed appeal – Whether Court of Appeal erred in holding deed complied with mandatory requirements of s 444A(4)(b) – Whether Court of Appeal erred in failing to hold deed void or invalid pursuant to s 445G(2).
Documents
16/02/2018 Hearing (SLA, Canberra)
02/03/2018 Notice of appeal
06/04/2018 Written submissions - P7/2018(Appellant)
06/04/2018 Chronology - P7/2018 (Appellant)
06/04/2018 Written submissions - P8/2018 (Appellant)
06/04/2018 Chronology - P8/2018 (Appellant)
04/05/2018 Written submissions - P7/2018 (Respondents)
04/05/2018 Written submissions - P8/2018 (First Respondent)
04/05/2018 Written submissions - P8/2018 (Second and Third Respondents)
25/05/2018 Reply - P7/2018 (Appellant)
25/05/2018 Reply - P8/2018 (Appellant)
19/06/2018 Hearing (Full Court, Perth) - orders pronounced dismissing appeals with costs.
19/06/2018 Outline of oral argument (Appellant)
19/06/2018 Outline of oral argument - P7/2018 (Respondents)
19/06/2018 Outline of oral argument - P8/2018 (First Respondent)
12/09/2018 Judgment (Judgment summary)
Commissioner of State Revenue v. Placer Dome Inc
Case No.
P6/2018
Case Information
Lower Court Judgment
11/09/2017 Supreme Court of Western Australia (Court of Appeal) (Martin CJ, Buss J, Murphy JA)
Catchwords
Stamp duty – Stamp Act 1921 (WA) s 76ATI – Assessment – Acquisition of shares – Where Commissioner assessed stamp duty payable for share acquisition on basis value of respondent’s land was value of all respondent’s property less value of “non-land assets” – Where Tribunal affirmed Commissioner’s decision – Where Court of Appeal allowed appeal on basis Tribunal failed to distinguish between value of respondent’s land and value of respondent’s business – Whether Court of Appeal erred in holding Tribunal erred in failing to apply “conventional Spencer principles” in valuing land – Whether Court of Appeal erred in concluding evidence supported finding respondent’s business had material goodwill.
Documents
16/02/2018 Hearing (SLA, Canberra)
02/03/2018 Notice of appeal
06/04/2018 Written submissions (Appellant)
06/04/2018 Chronology (Appellant)
04/05/2018 Written submissions (Respondent)
25/05/2018 Reply (Appellant)
25/05/2018 Amended Chronology
18/06/2018 Hearing (Full Court, Perth)
18/06/2018 Outline of oral argument (Appellant)
18/06/2018 Outline of oral argument (Respondent)
05/12/2018 Judgment (Judgment summary)
Minister for Immigration and Border Protection v. SZMTA & Anor
Case No.
S36/2018
Case Information
Lower Court Judgment
5/09/2017 Federal Court of Australia (White J)
Catchwords
Migration – Procedural fairness – Migration Act 1958 (Cth) s 438(2) – Where first respondent applied for Protection (Class XA) visa – Where application refused by delegate – Where first respondent applied to Administrative Appeals Tribunal for review of decision – Where delegate notified Tribunal s 438(2)(a) applied to certain documents because given in confidence to Minister or Department – Where Tribunal did not inform first respondent of notification – Where copies of documents previously provided to first respondent – Where Federal Circuit Court dismissed application for judicial review – Where Federal Court allowed appeal on basis Tribunal denied first respondent procedural fairness – Whether Federal Court erred in relying on possibility Tribunal may not have had regard to certain information because of notification under s 438(2) in finding Tribunal denied first respondent procedural fairness – Whether Federal Court erred in holding Tribunal denied first respondent procedural fairness in circumstances where documents in possession of first respondent prior to Tribunal hearing.
Documents
16/02/2018 Hearing (SLA, Brisbane)
01/03/2018 Notice of appeal
06/04/2018 Written submissions (Appellant)
06/04/2018 Chronology (Appellant)
04/05/2018 Written submissions (Respondent)
25/05/2018 Reply (Appellant)
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)
Northern Territory of Australia v. Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor
Commonwealth of Australia v. Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples & Anor
Mr A Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v. Northern Territory of Australia & Anor
Case Nos.
D1/2018, D2/2018 and D3/2018
Case Information
Lower Court Judgment
20/07/2017 Federal Court of Australia (North ACJ, Barker J, Mortimer J)
(Orders pronounced 09/08/2017)
Catchwords
Native title – Extinguishment – Compensation for extinguishment – Native Title Act 1993 (Cth) – Where claim brought against Commonwealth and Northern Territory for extinguishment of non-exclusive native title rights and interests in Timber Creek – Where primary judge awarded claim group compensation for economic value of extinguished rights, interest, and solatium for loss or impairment of rights and interests – Where Full Court held primary judge erred in assessing value of extinguished rights and concluded value of rights was 65% of value of freehold title – Whether Full Court’s assessment of economic value of rights erroneous or manifestly excessive in light of restrictions and limitations on rights – Whether Full Court erred in failing to find primary judge erred in awarding interest as part of compensation under s 51(1) of Act and not as interest on compensation – Whether Full Court erred in assessing interest by reference to 65% of value of freehold title – Whether Full Court erred in failing to find primary judge erred in assessing compensation for non-economic loss – Whether Full Court erred in failing to find primary judge’s assessment of compensation for non-economic loss manifestly excessive – Whether Full Court erred in finding commercial agreements entered into by claimants containing solatium-type payments irrelevant to assessment of compensation.
Documents*
16/02/2018 Hearing (SLA, Canberra)
01/03/2018 Notices of appeal
06/04/2018 Written submissions (Commonwealth of Australia)
06/04/2018 Chronology (Commonwealth of Australia)
06/04/2018 Written submissions (Northern Territory)
06/04/2018 Chronology (Northern Territory)
20/04/2018 Written submissions (Attorney-General for the State of South Australia intervening)
20/04/2018 Written submissions (Attorney-General of the State of Queensland intervening)
20/04/2018 Written submissions (Attorney-General for the State of Western Australia intervening)
04/05/2018 Written submissions (Ngaliwurru and Nungali Peoples)
04/05/2018 Chronology (Ngaliwurru and Nungali Peoples)
18/05/2018 Written submissions (Central Desert Native Title Services Ltd and Yamatji Marlpa Aboriginal Corporation intervening)
24/05/2018 Reply (Northern Territory)
25/05/2018 Reply (Commonwealth of Australia)
30/05/2018 Hearing (Single Justice, Melbourne v/link Sydney and Darwin)
04/09/2018 Hearing (Full Court, Darwin)
04/09/2018 Outline of oral argument (Northern Territory)
04/09/2018 Outline of oral argument (Commonwealth of Australia)
05/09/2018 Hearing (Full Court, Darwin)
05/09/2018 Outline of oral argument (Attorney-General of the State of Queensland intervening)
05/09/2018 Outline of oral argument (Attorney-General for the State of South Australia intervening)
05/09/2018 Outline of oral argument (Attorney-General for the State of Western Australia intervening)
05/09/2018 Outline of oral argument (Ngaliwurru and Nungali Peoples)
06/09/2018 Hearing (Full Court, Darwin)
06/09/2018 Outline of oral argument (Central Desert Native Title Services Ltd and Yamatji Marlpa Aboriginal Corporation intervening)
13/03/2019 Judgment (Judgment summary)
17/04/2019 Summons seeking orders pursuant to Section XAA of the Judiciary Act 1903 (Ngaliwurru and Nungali Peoples)
19/06/2019 Judgment