CXXXVIII v. Commonwealth of Australia & Ors
Case No.
A30/2019
Case Information
Lower Court Judgment
3/04/2019 Federal Court of Australia (Logan J, Bromberg J, Charlesworth J)
Catchwords
Administrative law – Criminal investigation – Where summonses and notices to produce issued pursuant to determinations made by Board of Australian Criminal Intelligence Commission under Australian Crime Commission Act 2002 (Cth) (“Act”) – Whether first and second determinations validly made within scope of power in s 7C of Act – Whether second summons to appear before Examiner and second notice to produce validly issued pursuant to determinations – Whether second notice to attend and produce valid and not in excess of power in s 21A of Act – Whether Board of Commission can validly make determination which creates as a “special investigation” an “investigation” yet to be identified or undertaken.
Documents*
18/10/2019 Hearing (SLA, Melbourne)
01/11/2019 Notice of appeal
09/12/2019 Amended written submissions (Appellant)
09/12/2019 Amended chronology (Appellant)
18/12/2019 Hearing (Full Court, Melbourne v/link Canberra and Adelaide)
21/01/2020 Further written submissions (Appellant)
21/01/2020 Amended Notice of appeal
21/01/2020 Notice of Constitutional Matter (Appellant)
24/01/2020 Consent order varying timetable
11/02/2020 Written submissions (CXXXVIX seeking leave to intervene)
26/02/2020 Written submissions (Respondents)
28/02/2020 Notice of Constitutional Matter (Proposed intervener)
03/04/2020 Reply
09/04/2020 Further Notice of Constitutional Matter (Appellant)
03/08/2020 Consent order discontinuing the appeal
04/08/2020 Hearing (Full Court, Canberra) - VACATED
05/08/2020 Hearing (Full Court, Canberra) Includes pronouncement of orders by consent
Coughlan v. The Queen
Case No.
B60/2019
Case Information
Lower Court Judgment
16/04/2019 Supreme Court of Queensland (Court of Appeal) (Fraser and Morrison JJA and Mullins J)
Catchwords
Criminal law – Unsafe and unsatisfactory verdict – Arson and attempted fraud – Circumstantial evidence –Where house exploded as applicant was walking from back yard – Whether Court of Appeal misapplied M v The Queen (1994) 181 CLR 487 by merely identifying pathway to jury’s guilty verdict rather than weighing matters militating against guilty verdict to determine whether jury should have had reasonable doubt as to applicant’s guilt.
Documents*
18/10/2019 Hearing (SLA, Sydney v/link Brisbane)
30/10/2019 Notice of appeal
09/12/2019 Written submissions (Appellant)
09/12/2019 Chronology (Appellant)
16/01/2020 Written submissions (Respondent)
29/01/2020 Hearing (Single Justice, Sydney by v/link Brisbane)
30/01/2020 Reply
12/02/2020 Hearing (Full Court, Canberra) (Audio-visual recording)
(Including pronouncement of orders)
12/02/2020 Outline of oral argument (Appellant)
12/02/2020 Outline of oral argument (Respondent)
24/04/2020 Judgment (Judgment summary)
ABT17 v. Minister for Immigration and Border Protection & Anor
Case No.
M140/2019
Case Information
Lower Court Judgment
16/04/2019 Federal Court of Australia (Bromberg J)
Catchwords
Migration law – Protection visa – Where delegate accepted as plausible that applicant had been sexually tortured – Where such claim not accepted by Immigration Assessment Authority (“IAA”) –Whether IAA decision tainted by jurisdictional error due to failure to exercise discretion under s 473DC of Migration Act 1958 (Cth) to invite applicant to give new information in form of interview – Whether failure of IAA to exercise its s 473DC discretion was material to decision and constituted jurisdictional error.
Documents*
18/10/2019 Hearing (SLA, Melbourne)
29/10/2019 Notice of appeal
06/12/2019 Written submissions (Appellant)
06/12/2019 Chronology (Appellant)
10/01/2020 Written submissions (First respondent)
03/02/2020 Reply
06/08/2020 Hearing (Full Court, Canberra)
06/08/2020 Outline of oral argument (Appellant)
06/08/2020 Outline of oral argument (First respondent)
14/10/2020 Judgment (Judgment summary)
Lewis v. The Australian Capital Territory
Case No.
C14/2019
Case Information
Lower Court Judgment
25/06/2019 Supreme Court of the Australian Capital Territory (Court of Appeal) (Elkaim, Loukas-Karlsson and Charlesworth JJ)
Catchwords
Torts – False imprisonment – Compensatory damages – Vindicatory damages – Principle of inevitability – Where offender sentenced to 12 months’ imprisonment to be served by periodic detention – Where Sentence Administration Board (“Board”) cancelled periodic detention without giving offender opportunity to decide whether to attend before Board – Where offender arrested and imprisoned for 82 days – Where Board’s decision a nullity and imprisonment held to be unlawful – Where offender awarded nominal damages of $1 – Whether offender would have been lawfully imprisoned if had not been unlawfully imprisoned and therefore not entitled to substantial compensatory damages – Whether entitled to vindicatory damages.
Documents
16/10/2019 Determination (SLA, Canberra)
25/10/2019 Notice of appeal
05/12/2019 Written submissions (Appellant)
05/12/2019 Chronology (Appellant)
22/01/2020 Written submissions (Respondent)
05/02/2020 Written submissions (Commonwealth seeking leave to intervene)
18/02/2020 Replacement reply
02/06/2020 Hearing (Full Court)
02/06/2020 Outline of oral argument (Appellant)
02/06/2020 Outline of oral argument (Respondent)
02/06/2020 Outline of oral argument (Commonwealth intervening)
05/08/2020 Judgment (Judgment summary)
Hsiao v. Fazarri
Case No.
M137/2019
Case Information
Lower Court Judgment
5/03/2019 Family Court of Australia (Strickland J, Kent J, Watts J)
Catchwords
Family law – Property proceedings – Order under s 79 of Family Law Act 1975 (Cth) – Where agreement between parties intended to apply to property settlement proceedings but does not fall within Pt VIIIA or Div 4 of Pt VIIIAB of Act – Whether circumstances in which additional 40% legal interest in property obtained and Deed of Gift were distractions in disposition of Full Court appeal – Whether admission of further evidence would have produced different result in Full Court and would not be against interests of justice – Whether trial judge failed to take Deed of Gift into account in making property settlement order – Whether finding of contributions failed to take into account legal interest in property prior to marriage.
Documents*
10/10/2019 Determination (SLA, Canberra)
23/10/2019 Notice of appeal
05/12/2019 Written submissions (Appellant)
05/12/2019 Chronology (Appellant)
09/01/2020 Written submissions (Respondent)
30/01/2019 Reply (Appellant)
07/08/2020 Hearing (Full Court, Canberra)
07/08/2020 Outline of oral argument (Appellant)
07/08/2020 Outline of oral argument (Respondent)
14/10/2020 Judgment (Judgment summary)
29/01/2021 Summons seeking variation to costs orders
16/06/2021 Transcript of decision