Peter Nicholas Moloney t/a Moloney & Partners v. Workers Compensation Tribunal and Anor
Case No.
A5/2011
Case Information
Lower Court Judgment
2/08/2010 Supreme Court of South Australia(Doyle CJ, Anderson J, Layton J)
Catchwords
Statutes — Subordinate legislation — Validity — Where Workers Rehabilitation Compensation Act 1986 (SA) ("the Act") s 88E(1)(f) authorised President of Workers Compensation Tribunal to make Rules regulating "costs" — Where s 88G of the Act regulated recovery of costs by worker's representative — Where Workers Compensation Tribunal Rules 2009 r 31(2) restricted recovery of costs by worker's representative — Whether "costs" in s 88E(1)(f) of the Act includes solicitor-client costs or only party-party costs —Whether power conferred by s 88E(1)(f) limited by s 88G of the Act — Whether s 88G invalidates r 31(2) — Workers Rehabilitation Compensation Act 1986 (SA) ss 88E(1)(f), 88G — Workers Compensation Tribunal Rules 2009 r 31(2).
Documents
11/02/2011 Hearing (SLA, Canberra v/l Adelaide)
24/02/2011 Notice of appeal
11/03/2011 Written submissions (Appellant)
11/03/2011 Chronology (Appellant)
05/04/2011 Written submissions (Second Respondent)
13/04/2011 Reply
28/09/2011 Hearing (Full Court, Adelaide) (Special leave revoked)
Australian Education Union v. Department of Education and Children's Services
Case No.
A4/2011
Case Information
Lower Court Judgment
28/05/2010 Supreme Court of South Australia (Nyland J, Gray J, Vanstone J)
Catchwords
Statutes — Acts of Parliament — Interpretation — Statutory powers and duties — Conferral and extent of power — Particular words and phrases — General matters constrained by specific — Applicants teachers appointed under Education Act 1972 (SA) ("the Act") s 9(4) — Where s 15 of the Act enabled Minister to appoint teachers "officers of the teaching service" — Where s 9(4) of the Act enabled Minister to appoint officers and employees "in addition to" officers of teaching service — Meaning of "in addition to" — Whether general power in s 9(4) constrained by specific power in s 15 — Whether within Minister's power to appoint teachers under s 9(4) of the Act or whether s 15 sole source of Executive power — Education Act 1972 (SA) ss 9(4), 15.
Documents
11/02/2011 Hearing (SLA, Canberra v/link to Adelaide)
24/02/2011 Notice of appeal
11/03/2011 Written submissions (Appellant)
11/03/2011 Chronology (Appellant)
01/04/2011 Written submissions (Respondent)
08/04/2011 Reply
28/09/2011 Hearing (Full Court, Adelaide)
29/02/2012 Judgment (Judgment summary)
Michael Wilson & Partners Limited v. Nicholls and Ors
Case No.
S67/2011
Case Information
Lower Court Judgment
15/09/2010 Supreme Court of New South Wales (Court of Appeal)(Basten JA, Young JA, Lindgren AJA)
Catchwords
Practice and procedure — Supreme Court procedure — Abuse of process — Applicant obtained judgment against respondents in New South Wales Supreme Court ("NSWSC") for knowing participation in breach of fiduciary duty by a non-party — London arbitrators subsequently issued interim award upholding breach of duties by non-party but denying compensation to applicant ("the Award") — Respondents not party to the Award — Whether abuse of process for applicant to seek to enforce judgment in NSWSC in face of the Award.
Practice and procedure — Courts and judges — Disqualification of judges for interest or bias — Apprehended bias — Application of lay observer test in Johnson v Johnson (2000) 201 CLR 488 — Whether lay observer test "unnecessary" and "wholly artificial" where judge personally apprehends bias — Whether conclusion of New South Wales Court of Appeal on trial judge's apprehensible bias justified on facts.
Practice and procedure — Waiver — Trial judge refused to recuse himself ("the recusal decision") and invited respondents to appeal the recusal decision — Respondents did not appeal the recusal decision until after trial and judgment adverse to respondents delivered — Whether the recusal decision an order or judgment —Whether the recusal decision amenable to appeal — Whether respondents waived right to appeal the recusal decision by proceeding with trial.
Documents
11/02/2011 Hearing (SLA, Sydney)
25/02/2011 Notice of appeal
11/03/2011 Written submissions (Appellant)
11/03/2011 Chronology (Appellant)
08/04/2011 Written submissions (Respondents)
08/04/2011 Chronology (Respondents)
15/04/2011 Reply
31/05/2011 Hearing (Full Court, Canberra)
01/06/2011 Hearing (Full Court, Canberra)
06/06/2011 Supplementary submissions (Appellant)
16/06/2011 Submissions in reply (Respondents)
01/12/2011 Judgment (Judgment summary)
Lithgow City Council v. Jackson
Case No.
S66/2011
Case Information
Lower Court Judgment
11/06/2010 Supreme Court of New South Wales (Court of Appeal)(Allsop P, Basten JA and Grove J)
Catchwords
Evidence — Admissibility and relevance — Notes of ambulance officers ("Notes") — Whether Notes an opinion and inadmissible under Evidence Act 1995 (NSW) ("the Act") s 76 — Whether Notes a lay opinion and admissible under s 78 of the Act — Whether opinion of underlying matter or event includes perceptions of aftermath of matter or event — Meaning of "necessary" in s 78(b) of the Act — Evidence Act 1995 (NSW) ss 76, 78.
Documents
11/02/2011 Hearing (SLA, Sydney)
24/02/2011 Notice of appeal
11/03/2011 Written submissions (Appellant)
11/03/2011 Chronology (Appellant)
20/04/2011 Written submissions (Respondent)
03/05/2011 Reply
06/05/2011 Hearing (Full Court, Canberra)
28/09/2011 Judgment (Judgment summary)
American Express Wholesale Currency Services Pty Ltd v. Commissioner of Taxation
American Express International Inc v. Commissioner of Taxation
Case Nos.
S238/2010; S239/2010
Case Information
Lower Court Judgment
17/09/2010 Federal Court of Australia (Dowsett, Kenny, Middleton JJ)
Catchwords
Taxation and duties — Goods and services tax — Applicants providers of charge cards and credit cards — Whether payments received by applicants from cardholders (liquidated damages and late payment fees) ("Default Fees") revenue from or consideration for a "financial supply" within meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) Div 40 and A New Tax System (Goods and Services Tax) Regulations 1999 (Cth) ("Regulations") — Whether Default Fees revenue from provision, acquisition or disposal of an interest in or under "a debt, credit arrangement or right to credit, including a letter of credit": Item 2 of table to r 40-5.09(3) of Regulations — Whether Default Fees revenue from supply of or interest in or under "a payment system": Item 4 of the table to r 40-5.12 of Regulations.
Taxation and duties — Goods and services tax — Whether right to present a card as payment for goods and services and incur a corresponding obligation to pay at a later date an "interest" within meaning of r 40-5.09 of Regulations — Whether Default Fees paid for that "interest".
Procedure — Appeals — Amendment — Respondent granted leave to amend Notices of Appeal — Whether Full Court of Federal Court of Australia erred in granting leave.
Documents
14/10/2010 Application for special leave to appeal
11/02/2011 Hearing (SLA, Sydney)
11/03/2011 Written submissions (Applicants)
11/03/2011 Chronology
01/04/2011 Written submissions (Respondent)
08/04/2011 Reply
04/05/2011 Hearing (Full Court, Canberra) (Special leave refused with costs - see transcript)