Pickering v. The Queen
Case No.
B68/2016
Case Information
Lower Court Judgment
6/05/2016 Supreme Court of Queensland (Court of Appeal) (Holmes CJ, Fraser J, Gotterson JJA)
Catchwords
Criminal law – Criminal Code (QLD) – Where jury found appellant guilty of manslaughter – Where appellant killed deceased whilst allegedly trying to avoid him – Whether application of s 31(1)(c) of the Criminal Code (QLD) was excluded by s 31(2).
Documents
16/11/2016 Hearing (SLA, Sydney v/link Brisbane)
24/11/2016 Notice of appeal
16/12/2016 Written submissions (Appellant)
16/12/2016 Chronology (Appellant)
25/01/2017 Written submissions (Respondent)
09/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
03/05/2017 Judgment (Judgment summary)
Forrest & Forrest Pty Ltd v. Wilson & Ors
Case No.
P59/2016
Case Information
Lower Court Judgment
7/07/2016 Supreme Court of Western Australia (Court of Appeal) (McLure P, Newnes JA, Murphy JA)
Catchwords
Mining law - Proper construction of s 74, s 74A and s 75 of Mining Act 1978 (WA) - Meaning of 'accompanied by' in s 74(1) - Whether lodgement of documents specified in s 74(1)(ca)(ii) a jurisdictional fact or a condition of validity - Whether failure to lodge mining operations statement a mandatory relevant consideration.
Documents
10/11/2016 Hearing (SLA, Canberra)
22/11/2016 Notice of appeal
24/11/2016 Submitting appearance (First respondent)
29/11/2016 Submitting appearance (Second to fourth respondents)
14/12/2016 Written submissions (Appellant)
14/12/2016 Chronology (Appellant)
06/02/2017 Hearing (Single Justice, Canberra v/link Perth)
01/03/2016 Written submissions (Second to fourth respondents)
01/03/2017 Written submissions (Attorney-General for the State of Western Australia appearing as amicus curiae)
10/03/2017 Reply
31/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
17/08/2017 Judgment (Judgment summary)
Talacko as representative of the Estate of J E Talacko v. Bennett & Ors
Case No.
M154/2016
Case Information
Lower Court Judgment
28/07/2016 Supreme Court of Victoria (Ashley, Priest & Santamaria JJA)
Catchwords
Appeal – Money judgment in Australian court – Judgment creditors’ wish to enforce judgment in foreign country – Two applications for certificate under s 15(1) Foreign Judgments Act 1991 (Cth) – Certificates issued, in different language – Judgment debtor bankrupt at time applications made – Judgment amount a ‘provable debt’ – Whether applications ‘duly made’ – Whether applications precluded by s 15(2) Foreign Judgments Act 1991 (Cth) on basis s 58(3) of Bankruptcy Act 1966 (Cth) operated as a ‘stay on enforcement of the judgment’ – Whether applications not ‘duly made’ on basis s 58(3)(a) or (b) precluded application for a certificate – Whether applications not ‘duly made’ because not supported by affidavit – Certificates declared invalid by trial judge – Foreign Judgments Act 1991 (Cth) s 15 – Bankruptcy Act 1966 (Cth) s 58(3) – Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 O 11 – Application for leave to appeal granted – Appeal allowed
Documents
10/11/2016 Hearing (SLA, Canberra)
23/11/2016 Notice of appeal
28/11/2016 Submitting appearance (Fourth Respondent)
15/12/2016 Written submissions (Appellant)
15/12/2016 Chronology (Appellant)
21/12/2016 Written submissions (First to Third Respondents)
04/01/2017 Reply
07/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
03/05/2017 Judgment (Judgment summary)
COURT OF DISPUTED RETURNS
Questions referred pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth)
Re Rodney Norman Culleton
Case No.
C15/2016
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(ii) - Conviction - Offence punishable by imprisonment for 1 year or longer - Whether Senator capable of being chosen or of sitting as a Senator.
Documents
07/11/2016 Questions referred by the Senate
21/11/2016 Determination (Single Justice, Canberra v/link Perth)
21/11/2016 Directions Hearing (Single Justice, Canberra v/link Perth)
22/11/2016 Order (French CJ, 21/11/2016)
22/11/2016 Notice of Constitutional Matter (Attorney-General of the Commonwealth)
25/11/2016 Written submissions (Attorney-General of the Commonwealth)
02/12/2016 Written submissions (Senator Culleton)
07/12/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
12/01/2017 Summons (Senator Culleton)
31/01/2017 Hearing (Single Justice, Canberra)
31/01/2017 Judgment (Gageler J)
03/02/2017 Judgment (Judgment Summary)
02/03/2017 Hearing (Single Justice, Canberra v/link Sydney)
10/03/2017 Hearing (Full Court, Brisbane v/link Sydney)
06/08/2018 Hearing (Single Justice, Canberra)
10/08/2018 Judgment
COURT OF DISPUTED RETURNS
Questions referred pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth)
Re Robert John Day AO
Case No.
C14/2016
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(v) - Direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth - Whether former Senator was at any time incapable of sitting as a Senator.
Documents
07/11/2016 Questions referred by the Senate
21/11/2016 Determination (Single Justice, Canberra v/link Sydney)
21/11/2016 Directions Hearing (Single Justice, Canberra v/link Sydney)
22/11/2016 Order (French CJ, 21/11/2016)
12/12/2016 Directions Hearing (Single Justice, Canberra v/link Sydney)
06/01/2017 Written submissions (Attorney-General of the Commonwealth)
06/01/2017 Written submissions (Ms A McEwen)
17/01/2017 Hearing (Single Justice, Melbourne v/link Sydney)
19/01/2017 Written submissions (Mr R J Day)
20/01/2017 Hearing (Single Justice, Melbourne)
23/01/2017 Hearing (Single Justice, Melbourne)
24/01/2017 Hearing (Single Justice, Melbourne)
27/01/2017 Judgment (Gordon J)
30/01/2017 Reply (Ms A McEwen)
31/01/2017 Reply (Attorney-General of the Commonwealth)
01/02/2016 Amended submissions (Attorney-General of the Commonwealth)
07/02/2017 Hearing (Court of Disputed Returns, Canberra) (Audio-visual recording)
05/04/2017 Judgment (Judgment summary)
11/04/2017 Hearing (Single Justice, Melbourne v/link Adelaide)
19/04/2017 Hearing (Court of Disputed Returns, Melbourne)