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)
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.
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)
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.
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)
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.
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)
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)