Palmer v. The State of Western Australia
Mineralogy Pty Ltd & Anor v. State of Western Australia

Case Nos.

B52/2020; B54/2020

Case Information

Catchwords

Constitutional law – State legislative power – Federalism – Chapter III of Constitution – Where, on 5 December 2001, plaintiffs and defendant entered into Agreement in relation to development of certain projects in Western Australia – Where Agreement ratified by Iron Ore Processing (Minerology Pty Ltd) Agreement Act 2002 (WA) – Where Agreement subsequently varied in 2008 and ratified by Iron Ore Processing (Minerology Pty Ltd) Agreement Amendment Act 2008 (Cth) – Where various disputes arose in relation to development proposal and plaintiff claimed defendant breached terms of Agreement – Where disputes referred to arbitrator in Queensland – Where Iron Ore Processing (Mineralogy Pty Ltd) Agreement Amendment Act 2020 (WA) enacted in 2020 – Where effect of 2020 Amendment Act to exclude defendant’s liability, and prohibit any enforcement or payment of any liability, arising in respect of disputes and arbitrations – Whether 2020 Amendment Act contravenes s 118 of Constitution by failure to give full faith and credit and effect to Commercial Arbitration Act 2013 (Qld) and equivalent legislation in each State and Territory – Whether 2020 Amendment Act contravenes s 6 of Australia Act 1986 (Cth) because not enacted pursuant to manner and form specified in Agreement - Whether 2020 Amendment Act purports to direct federal courts and courts exercising federal jurisdiction as to manner of exercise of federal jurisdiction, withdraw or limits federal jurisdiction, impermissibly interferes with federal court proceedings, or confer powers and duties which are repugnant to exercise of federal judicial power – Whether 2020 Amendment Act beyond state legislative power because violates rule of law – Whether 2020 Amendment Act incompatible with institutional integrity of courts – Whether 2020 Amendment Act impermissibly exercises state judicial power without possibility of review by courts – Whether 2020 Amendment Act invalid because alters consequences of actions and conduct of Commonwealth Government – Whether 2020 Amendment Act contravenes s 109 of Constitution for inconsistency with various Commonwealth legislation – Whether 2020 Amending Act invalid for specifically targeting Mr Palmer and depriving him of personal rights and property rights – Whether 2020 Amendment Act involves abdication of State legislative power – Whether 2020 Amendment Act contravenes s 117 of Constitution by discriminating against Mr Palmer as resident of Queensland – Whether 2020 Amendment Act invalid in entirety or in part.

Documents*

14/09/2020 Writ of summons (B52/2020)

18/09/2020 Writ of summons (B54/2020)

30/09/2020 Hearing (Single Justice, Brisbane)

29/01/2021 Hearing (Single Justice, Brisbane)

26/02/2021 Hearing (Single Justice, Brisbane)

18/03/2021 Hearing (Single Justice, Sydney)

06/04/2021 Hearing (Single Justice, Canberra)

08/04/2021 Special Case

23/04/2021 Written submissions (Plaintiff B52/2020)

23/04/2021 Written submissions (Plaintiffs B54/2020)

21/05/2021 Written submissions (Defendant B52/2020)

21/05/2021 Written submissions (Defendant B54/2020)

28/05/2021 Written submissions (Attorney-General of the Commonwealth of Australia, intervening B52/2020)

28/05/2021 Written submissions (Attorney-General for the State of New South Wales, intervening B52/2020)

28/05/2021 Written submissions (Attorney-General of the State of Queensland, intervening B52/2020)

28/05/2021 Written submissions (Attorney-General for the Northern Territory, intervening B52/2020)

28/05/2021 Written submissions (Attorney-General for the State of Victoria, intervening B52/2020)

28/05/2021 Written submissions (Attorney-General of the Commonwealth of Australia, intervening B54/2020)

28/05/2021 Written submissions (Attorney-General for the State of New South Wales, intervening B54/2020)

28/05/2021 Written submissions (Attorney-General of the State of Queensland, intervening B54/2020)

28/05/2021 Written submissions (Attorney-General for the Northern Territory, intervening B54/2020)

28/05/2021 Written submissions (Attorney-General for the State of Victoria, intervening B54/2020)

04/06/2021 Reply (B52/2020)

04/06/2021 Reply (B54/2020)

15/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

15/06/2021 Outline of oral argument (Plaintiffs B54/2020)

16/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

16/06/2021 Outline of oral argument (Plaintiff B52/2020)

16/06/2021 Outline of oral argument (Defendant B54/2020)

16/06/2021 Outline of oral argument (Defendant B52/2020)

17/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

17/06/2021 Outline of oral argument (Attorney-General of the Commonwealth of Australia, intervening B52/2020 & B54/2020)

17/06/2021 Outline of oral argument (Attorney-General for the Northern Territory of Australia, intervening B52/2020 & B54/2020)

17/06/2021 Outline of oral argument (Attorney-General for the State of Victoria, intervening B52/2020 & B54/2020)

17/06/2021 Outline of oral argument (Attorney-General for New South Wales, intervening B52/2020 & B54/2020)

17/06/2021 Outline of oral argument (Attorney-General of the State of Queensland, intervening B52/2020 & B54/2020)

18/06/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

13/10/2021 Judgment  B54/2020 (Judgment summary)

13/10/2021 Judgment B52/2020

 

Plaintiff M1/2021 v. Minister for Home Affairs

Case No.

M1/2021

Case Information

Catchwords

Immigration – Judicial review – Non-refoulement obligations – Where plaintiff granted Refugee and Humanitarian (Class XB) Subclass 202 (Global Special Humanitarian) visa in 2006 – Where, on 19 September 2017, plaintiff convicted of unlawful assault and sentenced to 12 months’ imprisonment – Where, on 27 October 2017, delegate of Minister cancelled plaintiff’s global special humanitarian visa pursuant to s 501(3A) of Migration Act 1958 (Cth) – Where plaintiff made representations to Minister regarding possibility of refoulement if plaintiff returned to home country – Where, on 9 August 2018, delegate of Minister decided not to revoke cancellation decision pursuant to s 501CA(4) of Migration Act – Where, in making decision, delegate did not consider whether non-refoulement obligations owed to plaintiff because plaintiff is able to apply for protection visa under Migration Act – Whether delegate required to consider plaintiff’s representations concerning non-refoulement obligations in making non-revocation decision pursuant to s 501CA(4) where plaintiff can apply for protection visa – If so, whether delegate failed to consider representations – If so, whether delegate failed to exercise jurisdiction under Migration Act or deny plaintiff procedural fairness – Whether non-revocation decision affected by jurisdictional error.

Documents*

05/01/2021 Application for constitutional writs

30/03/2021 Hearing (Single Justice, Melbourne)

13/04/2021 Special case

04/05/2021 Written submissions (Plaintiff)

04/05/2021 Chronology (Plaintiff)

25/05/2021 Written submissions (Defendant)

01/06/2021 Reply

30/11/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

30/11/2021 Outline of oral argument (Plaintiff)

30/11/2021Outline of oral argument (Defendant)

11/05/2022 Judgment (Judgment summary)

Audio-visual recordings of Full Court hearings heard in Canberra

Case: Zhang v The Commissioner of Police & Ors

Date: 07 April 2021

Transcript: Hearing

AV time:  4h 31m

 

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Hofer v. The Queen

Case No.

S37/2021

Case Information

Lower Court Judgment

18/10/2019 Supreme Court of New South Wales (Court of Criminal Appeal) (MacFarlan JA, Fullerton & Fagan JJ)

[2019] NSWCCA 244

Catchwords

Criminal law – Criminal procedure – Conduct of cross-examination – Where applicant charged with 11 counts of having sexual intercourse without consent – Where two complainants testified as prosecution witnesses – Where applicant gave evidence – Where, during cross-examination, prosecutor asked applicant about aspects of his evidence arising from defence counsel’s failure to comply with Browne v Dunn rule in respect of those matters in cross-examination of complainants – Where prosecutor suggested applicant lying in evidence about those matters because defence counsel had not put those matters to complainants – Where defence counsel did not object to prosecutor’s questions – Where applicant convicted and unsuccessfully appealed to NSW Court of Criminal Appeal – Whether prosecutor able to cross-examine accused with regard to defence counsel’s non-compliance with rule in Browne v Dunn – Whether prosecutor engaged in impermissible questioning – Whether defence counsel at trial incompetent – Whether trial miscarried.

Documents*

12/03/2021 Hearing (SLA, Canberra)

26/03/2021 Notice of appeal

03/05/2021 Written submissions (Appellant)

03/05/2021 Chronology (Appellant)

31/05/2021 Written submissions (Respondent)

18/06/2021 Reply

12/08/2021 Hearing (Full Court, Canberra)

12/08/2021 Outline of oral argument (Appellant)

12/08/2021 Outline of oral argument (Respondent)

10/11/2021 Judgment (Judgment summary)

 

Arsalan v. Rixon
Nguyen v. Cassim

Case Nos.

S35/2021 and S36/2021

Case Information

Lower Court Judgment

18/06/2020 Supreme Court of New South Wales (Court of Appeal) (Meagher & White JJA, Emmett AJA)

[2020] NSWCA 115

Catchwords

Torts – Damages – Damage to chattel – Where applicants’ negligence resulted in motor vehicle collision with respondents’ “high-value”, “prestige” vehicles – Where respondents’ vehicles damaged, and respondents hired replacement vehicles of equivalent value while damaged vehicles underwent repairs – Where respondents claimed damages for cost of hiring replacement vehicles of equivalent value in NSW Local Court – Where magistrate awarded damages only for cost of hiring suitable replacement vehicle for uses vehicle will likely to be put, not necessarily of equivalent value – Where respondents’ appeal to Supreme Court dismissed – Where respondents’ appeal to Court of Appeal allowed – Where Court of Appeal majority held damages be awarded to put claimant in position they would have been in before wrongdoing, i.e., for replacement vehicle of equivalent value – Where each judge in Court of Appeal applied different standard – Whether respondents entitled to claim damages for cost of hiring replacement vehicles of equivalent value to damaged prestige vehicles – Whether equivalent value replacement vehicle reasonable – Correct test of quantification of damages.

Documents*

12/03/2021 Hearing (SLA, Canberra)

26/03/2021 Notices of appeal

30/04/2021 Written submissions (Appellant in S35/2021)

30/04/2021 Chronology (Appellant in S35/2021)

30/04/2021 Written submissions (Appellant in S36/2021)

30/04/2021 Chronology (Appellant in S36/2021)

28/05/2021 Written submissions (Respondent in S35/2021)

28/05/2021 Written submissions (Respondent in S36/2021)

18/06/2021 Reply (Appellant in S35/2021)

18/06/2021 Reply (Appellant in S36/2021)

8/09/2021 Hearing (Full Court, Canberra and by video connection)

          8/09/2021 Outline of oral argument (Appellant in S35/2021)

          8/09/2021 Outline of oral argument (Respondent in S35/2021)

          8/09/2021 Outline of oral argument (Appellant in S36/2021)

          8/09/2021 Outline of oral argument (Respondent in S36/2021)

08/12/2021 Judgment (Judgment summary)

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