Audio-visual recordings of Full Court hearings heard in Canberra
Case: Kalbasi v. The State of Western Australia
Date: 07 November 2017
Transcript: Hearing
AV time: 2h 22m
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The Commissioner of Taxation of the Commonwealth of Australia v. Thomas
The Commissioner of Taxation of the Commonwealth of Australia v. Martin Andrew Pty Ltd
The Commissioner of Taxation of the Commonwealth of Australia v. Thomas Nominees Pty Ltd
The Commissioner of Taxation of the Commonwealth of Australia v. Thomas
Case No.
B60/2017, B61/2017, B62/2017 and B63/2017
Case Information
Lower Court Judgment
12/04/2017 Federal Court of Australia (Dowsett J, Perram J, Pagone J)
Catchwords
Taxation –Franking credits– Income Tax Assessment Act 1997 (Cth) pt 3-6 div 207 – Where trustee resolved to apply net income of trust fund to benefit of two beneficiaries on assumption franking credits could be treated as separate category of income from dividends to which credits attached – Where Commissioner of Taxation notified trustee of intention to commence audit – Where trustee sought directions from Queensland Supreme Court under Trusts Act 1973 (Qld) s 96 as to proper construction of trust deed and resolutions – Where Commissioner notified of proceedings but did not seek to become party – Where Supreme Court declared trustee resolutions effective to achieve franking credit distributions – Where Commissioner of Taxation issued amended notices of assessment – Where primary judge upheld amended assessments – Where Full Court allowed appeal – Whether Full Court erred in concluding Commissioner bound by declarations made by Supreme Court – Whether Full Court erred in concluding franking credits may be distributed on a different basis to income from dividends.
Documents
20/10/2017 Hearing (SLA, Sydney)
02/11/2017 Notice of appeal
10/11/2017 Notice of Contention and Notice of Cross Appeal (Respondent)
16/11/2017 Notice of Constitutional Matter (Respondent)
24/11/2017 Written submissions - B60/2017 (Appellant)
24/11/2017 Written submissions - B61/2017 (Appellant)
24/11/2017 Written submissions - B62/2017 (Appellant)
24/11/2017 Written submissions - B63/2017 (Appellant)
24/11/2017 Chronology - Joint (Appellant)
22/12/2017 Written submissions - B60/2017 (Respondent)
22/12/2017 Written submissions - B61/2017 (Respondent)
22/12/2017 Written submissions - B62/2017 (Respondent)
22/12/2017 Written submissions - B63/2017 (Respondent)
18/01/2018 Written submissions - Joint (Attorney-General of the State of Queensland intervening)
25/01/2018 Written submissions - Joint (Attorney-General of the Commonwealth intervening)
25/01/2018 Reply - B60/2017 (Appellant)
25/01/2018 Reply - B61/2017 (Appellant)
25/01/2017 Reply - B62/2017 (Appellant)
25/01/2017 Reply - B63/2017 (Appellant)
09/04/2018 Outline of oral argument (Respondents)
10/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/04/2018 Outline of oral argument (Appellant)
10/04/2018 Outline of oral argument (Attorney-General of the Commonwealth intervening)
10/04/2018 Outline of oral argument (Attorney-General of the State of Queensland intervening)
11/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
08/08/2018 Judgment (Judgment summary)
DL v. The Queen
Case No.
A38/2017
Case Information
Lower Court Judgment
10/03/2015 Supreme Court of South Australia (Court of Criminal Appeal) (Kourakis CJ, Blue J, Bampton J)
Catchwords
Criminal law – Criminal Law Consolidation Act 1935 (SA) s 50 – Where appellant convicted of persistent sexual exploitation of child under s 50 of Act – Where trial judge found appellant sexually assaulted victim “on numerous occasions over a period of some years” – Where Court of Criminal Appeal dismissed appeal – Whether Court of Criminal Appeal erred in failing to find trial judge gave inadequate reasons because failed to identify particular sexual offences separated by at least three days – Whether verdict unsafe, uncertain and/or unreasonable.
Documents
24/10/2017 Hearing (SLA, Melbourne)
07/11/2017 Notice of appeal
28/11/2017 Chronology (Appellant)
04/12/2017 Written submissions - Redacted (Appellant)
19/12/2017 Written submissions (Respondent)
16/01/2018 Reply
15/02/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
15/02/2018 Outline of oral argument (Appellant)
15/02/2018 Outline of oral argument (Respondent)
20/06/2018 Judgment (Judgment summary)
SAS Trustee Corporation v. Miles
Case No.
S260/2017
Case Information
Lower Court Judgment
4/05/2017 Supreme Court of New South Wales (Court of Appeal) (Payne JA, Sackville AJA, Schmidt J)
Catchwords
Interpretation – Police Regulation (Superannuation) Act 1906 (NSW) – Where respondent discharged from police force due to infirmities as result of being “hurt on duty” – Where respondent applied for increase in annual superannuation allowance – Where application rejected by trustee – Where trustee’s decision upheld by District Court – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in failing to construe s 10(1A)(b) in context – Whether s 10(1A)(b) authorises payment of additional superannuation allowance where incapacity not due to infirmity determined by Commissioner under s 10B(3) to have been caused by being “hurt on duty”.
Documents
20/10/2017 Hearing (SLA, Sydney
02/11/2017 Notice of appeal
24/11/2017 Written submissions (Appellant)
24/11/2017 Chronology (Appellant)
15/12/2017 Written submissions (Respondent)
21/12/2017 Reply
16/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
16/08/2018 Outline of oral argument (Appellant)
16/08/2018 Outline of oral argument (Respondent)
14/11/2018 Judgment (Judgment summary)
Ancient Order of Foresters in Victoria Friendly Society Limited v. Lifeplan Australia Friendly Society Limited & Anor
Case No.
A37/2017
Case Information
Lower Court Judgment
12/05/2017 Federal Court of Australia (Allsop CJ, Middleton J, Davies J)
16/06/2017 Federal Court of Australia (Allsop CJ, Middleton J, Davies J)
Catchwords
Equity – Account of profits – Corporations Act 2001 (Cth) ss 181-183, 1317H – Where appellant employed former employees of respondents – Where respondents brought claim against appellant for knowing assistance in former employees’ breaches of contractual and fiduciary duties and duties of confidence and involvement in contraventions of ss 181-183 – Where primary judge held appellant knowingly participated in breaches of fiduciary duties and duties of confidence but dismissed claim for account of profits on basis no profits attributable to use of confidential information or breaches of duties – Where Full Court held sufficient causal connection established and awarded account of profits in equity – Where Full Court also held facts constituting knowing participation amounted to involvement in contraventions of ss 181-183 and made same order for account of profits under s 1317H – Whether Full Court erred in finding sufficient causal connection – Whether Full Court erred in ordering account of profits calculated on basis of net present value of future potential profits where no profits actually made and without regard to accumulated losses incurred by appellant.
Documents
20/10/2017 Hearing (SLA, Melbourne)
03/11/2017 Notice of appeal
24/11/2017 Written submissions (Appellant)
24/11/2017 Chronology (Appellant)
21/12/2017 Written submissions (Respondent)
19/01/2018 Amended written submissions (Respondent)
08/02/2018 Reply (Appellant)
15/02/2018 Reply on cross appeal (Respondent)
12/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
12/04/2018 Outline of oral argument (Appellant)
12/04/2018 Outline of oral argument (Respondent)
10/10/2018 Judgment (Judgment Summary)