DWN042 v. Republic of Nauru
Case No.
M20/2017
Case Information
Lower Court Judgment
7/02/2017 Supreme Court of Nauru (Khan J)
Catchwords
Whether the Tribunal dealt with the issue of arbitrary deprivation of life when it made a finding that the appellant did not have a well-founded fear of persecution in the event of his return to his home area in Pakistan - whether unsigned transfer document could be relied on by the Tribunal - section 22 provides that the Tribunal is not bound by technicalities or legal form and rules of evidence.
Documents
21/02/2017 Notice of appeal
28/03/2017 Written submissions - redacted (Appellant)
28/03/2017 Chronology (Appellant)
18/04/2017 Written submissions (Respondent)
02/05/2017 Reply (Appellant)
07/09/2017 Hearing (Full Court, Melbourne) - VACATED
18/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
13/12/2017 Judgment (Judgment summary)
Probuild Constructions (Aust) Pty Ltd v. Shade Systems Pty Ltd & Anor
Case No.
S145/2017
Case Information
Lower Court Judgment
23/12/2016 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Basten JA, Macfarlan JA, Leeming JA)
Catchwords
Jurisdiction – Error of law on face of record – Building and Construction Industry Security of Payment Act 1999 (NSW) – Where adjudicator made determination under s 22(1) that progress payment to be paid by appellant – Where primary judge made order in nature of certiorari under Supreme Court Act 1970 (NSW) s 69 quashing determination for error of law on face of record – Where Court of Appeal held relief not available to quash determination under Act for error of law on face of record – Whether Court of Appeal erred in holding that Supreme Court’s power to make orders in nature of certiorari for error of law on face of record ousted in relation to determinations under Act.
Documents
12/05/2017 Hearing (SLA, Canberra)
26/05/2017 Notice of appeal
30/05/2017 Submitting appearance (Second Respondent)
16/06/2017 Written submissions (Appellant)
16/06/2017 Chronology (Appellant)
07/07/2017 Written submissions (First Respondent)
21/07/2017 Reply
09/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/02/2018 Judgment (Judgment summary)
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)
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
02/11/2017 Chronology (Respondent)
08/11/2017 Notice of Discontinuance
10/11/2017 Hearing (Full Court, Canberra) - VACATED
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)
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
07/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/03/2018 Judgment (Judgment summary)
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)
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)
13/12/2017 Judgment (Judgment summary)