Audio-visual recordings of Full Court hearings heard in Canberra

Case: Australian Securities and Investments Commission v King & Anor

Date: 09 October 2019

Transcript: Hearing

AV time: 3h 30m

 

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Swan v. The Queen

Case No.

S291/2019

Case Information

Lower Court Judgment

23/11/2018 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Hoeben CJ, R A Hulme J)

[2018] NSWCCA 260

Catchwords

Criminal law – Causation – Where accused and another tried and convicted for murder – Where victim died almost eight months after assault during a home robbery – Where assault caused victim serious injuries amounting to grievous bodily harm – Where victim died due to complications from fractured hip not sustained during assault – Whether Crown case theory on cause of death was not supported by evidence and should not have been left to jury – Whether miscarriage of justice resulted from crown prosecutor’s closing address about causation.

Short Particulars

Documents

13/09/2019 Hearing (SLA, Sydney)

27/09/2019 Notice of appeal

05/11/2019 Written submissions (Appellant)

05/11/2019 Chronology (Appellant)

03/12/2019 Written submissions (Respondent)

20/12/2019 Reply

13/02/2020 Hearing (Full Court, Canberra) (Audio-visual recording)

13/02/2020 Outline of oral argument (Appellant)

13/02/2020 Outline of oral argument (Respondent)

13/02/2020 Amended notice of appeal

18/03/2020 Judgment (Judgment summary)

Moore v. Scenic Tours Pty Ltd

Case No.

S285/2019

Case Information

Lower Court Judgment

24/10/2018 Supreme Court of New South Wales (Court of Appeal) (Payne JA, Sackville AJA, Barrett AJA)

[2018] NSWCA 238

Catchwords

Consumer protection – Disappointment and distress damages – Where representative proceedings brought on behalf of passengers who paid for and travelled on European river cruises supplied by respondent – Where number of cruises seriously disrupted by high water levels on rivers – Where seeking compensation for loss of value and damages for disappointment and distress – Whether s 275 of Australian Consumer Law (“ACL”) operates to apply s 16 of Civil Liability Act 2002 (NSW) as Commonwealth law to direct court exercising federal jurisdiction in how to fix damages under s 267(4) of ACL for breach of statutory guarantees in ss 60 and 61 of ACL – Whether s 16 limited to cases where tort claim governed by NSW law or death or injury suffered in NSW – Whether claim under s 267(4) for damages for disappointment and distress constituted claim governed by s 16.

Short particulars

Documents*

13/09/2019 Hearing (SLA, Sydney)

24/09/2019 Notice of appeal

24/09/2019 Notice of constitutional matter (Appellant)

01/11/2019 Written submissions (Appellant)

01/11/2019 Chronology (Appellant)

29/11/2019 Written submissions (Respondent)

11/12/2019 Amended Notice of constitutional matter (Appellant)

19/12/2019 Reply

11/02/2020 Hearing (Full Court, Canberra) (Audio-visual recording)

11/02/2020 Outline of oral argument (Appellant)

11/02/2020 Outline of oral argument (Respondent)

24/04/2020 Judgment (Judgment summary)

Pickett v. The State of Western Australia
Mead v. The State of Western Australia
Mead v. The State of Western Australia
Anthony v. The State of Western Australia
TSM (A Child) v. The State of Western Australia

Case Nos.

P45/2019, P46/2019, P47/2019, P48/2019, P49/2019

Case Information

Lower Court Judgment

21/05/2019 Supreme Court of Western Australia (Court of Criminal Appeal) (Buss P, Mazza & Beech JJA)

[2019] WASCA 79

Catchwords

Criminal law – Derivative criminal liability – Where victim killed by stab wound to chest inflicted in course of attack by group of eight males – Where eight males ranged in age from 11 years to 29 years – Where State unable to prove beyond reasonable doubt which of them inflicted fatal stab wound – Where State did not prove that 11 year old had capacity under s 29 of Criminal Code (WA) – Whether appellants could be guilty by operation of ss 7(b), 7(c), or 8 of Criminal Code (WA) of offence founded upon act of 11 year old alleged co-offender when act of that child did not constitute offence because prosecution had not proved that child was criminally responsible for act.

Short Particulars

Documents*

11/09/2019 Determination (SLA, Canberra)

20/09/2019 Notice of appeal

30/10/2019 Written submissions (Appellant - Pickett P45/2019)

30/10/2019 Chronology (Appellant - Pickett P45/2019)

30/10/2019 Written submissions (Appellant - S Mead P46/2019)

30/10/2019 Chronology (Appellant - S Mead P46/2019)

30/10/2019 Written submissions (Appellant - C Mead P47/2019)

30/10/2019 Chronology (Appellant - C Mead P47/2019)

30/10/2019 Written submissions (Appellant - Anthony P48/2019)

30/10/2019 Chronology (Appellant - Anthony P48/2019)

30/10/2019 Written submissions (Appellant - TSM P49/2019)

30/10/2019 Chronology (Appellant - TSM P49/2019)

27/11/2019 Written submissions (Respondent - Pickett P45/2019)

27/11/2019 Written submissions (Respondent - S Mead P46/2019)

27/11/2019 Written submissions (Respondent - C Mead P47/2019)

27/11/2019 Written submissions (Respondent - Anthony P48/2019)

27/11/2019 Written submissions (Respondent - TSM P49/2019)

18/12/2019 Reply (Respondent - Pickett P45/2019)

18/12/2019 Reply (Respondent - S Mead P46/2019)

18/12/2019 Reply (Respondent - C Mead P47/2019)

18/12/2019 Reply (Respondent - Anthony P48/2019)

18/12/2019 Reply (Respondent - TSM P49/2019)

13/03/2020 Hearing (Full Court, Canberra) (Audio-visual recording)

13/03/2020 Outline of oral argument (Appellants)

13/03/2020 Outline of oral argument (Respondent)

 29/05/2020 Judgment (Judgment summary)

Mackellar Mining Equipment Pty Ltd and Dramatic Investments Pty Ltd t/as Partnership 818 & Anor v. Thornton & Ors

Case No.

B56/2019

Case Information

Lower Court Judgment

7/05/2019 Supreme Court of Queensland (Court of Appeal) (Sofronoff P, Morrison JA, Boddice J)

[2019] QCA 77

Catchwords

Private international law – Restraint of foreign proceedings – Where plane crash in Queensland killed two pilots and 13 passengers – Where respondents, relatives of deceased, commenced proceedings against appellants in Missouri in May 2008 – Where appellants brought application in March 2017 in Queensland Supreme Court for permanent anti-suit injunction in respect of Missouri proceedings – Whether complete relief was available in Queensland proceedings and nothing additional could be gained in Missouri proceedings – Whether continuation of Missouri proceeding, after all foreign parties removed, was vexatious or oppressive or otherwise unconscionable within CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345.

Documents*

13/09/2019 Hearing (SLA, Sydney)

25/09/2019 Notice of appeal

24/10/2019 Written submissions (Appellant)

24/10/2019 Chronology (Appellant)

21/11/2019 Written submissions (Respondents)

10/12/2019 Reply

21/01/2020 Consent to vacate hearing

12/02/2020 Hearing (Full Court, Canberra) - VACATED

27/01/2021 Consent to to the making of orders disposing of the proceeding

10/02/2021 Hearing (Full Court, Canberra)

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