Audio-visual recordings of Full Court hearings heard in Canberra

Case: Vella & Ors v. Commissioner of Police (NSW) & Anor

Date: 06 August 2019

Transcript: Hearing

AV time: 4h 33m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

Commonwealth of Australia v. Helicopter Resources Pty Ltd & Ors

Case No.

S217/2019

Case Information

Lower Court Judgment

15/02/2019 Federal Court of Australia (Rares, McKerracher, & Robertson JJ)

[2019] FCAFC 25

Catchwords

Evidence – Admissions made with authority – Where coronial inquest commenced and summary criminal proceedings brought against company and Commonwealth of Australia – Where subpoena issued to company’s employee to give evidence at hearing in inquest, with proposed topics relating to matters required to be proved in criminal prosecution – Whether s 87(1)(b) of Evidence Act 2011 (ACT) has effect that, by reason of any answers given by employee, company is itself being compelled to provide that information – Whether s 87(1)(b) dictates that employee answers will be admitted into evidence in prosecution if adduced by prosecutor or co-accused – Whether s 87(1)(b) has effect that exercise of compulsory power with respect to employee will compromise protections afforded to accused company by accusatorial process – Whether accusatorial principle require accused company to be protected by precluding employees from being subject to such compulsory power or preventing prosecution or co-accused from learning how accused company may defend charge – Whether compulsory attendance of employee for questioning is inconsistent with accusatorial process.

Short particulars

Documents

21/06/2019 Hearing (SLA, Sydney)

05/07/2019 Notice of appeal

02/08/2019 Amended Notice of appeal

05/08/2019 Written submissions (Appellant)

05/08/2019 Chronology (Appellant)

05/09/2019 Written submissions (First respondent)

26/09/2019 Reply

10/10/2019 Hearing (Full Court, Canberra) (Audio-visual recording) - Part heard

10/10/2019 Outline of oral argument (Appellant)

10/10/2019 Outline of oral argument (First Respondent)

30/01/2019 Written submissions on the notice of contention (Appellant)

05/02/2020 Hearing (Full Court, Canberra) (Audio-visual recording)

05/02/2020 Outline of oral argument (Appellant addressing notice of contention)

24/04/2020 Judgment (Judgment summary)

Franz Boensch as trustee of the Boensch Trust v. Pascoe

Case No.

S216/2019

Case Information

Lower Court Judgment

20/12/2018 Federal Court of Australia (Besanko J, Mckerracher J, Gleeson J)

[2018] FCAFC 234

Catchwords

Trusts – Bankruptcy – Where respondent trustee in bankruptcy found to hold caveatable interest in real property held by bankrupt on trust by operation of s 58(1) of Bankruptcy Act 1966 (Cth) – Whether Full Court erred in concluding any caveatable interest vested in respondent – Where claim under s 74P of Real Property Act 1900 (NSW) for compensation in relation to lodging and maintenance of caveat over piece of real property against trustee in bankruptcy – Whether it was permissible for trustee in bankruptcy to claim in his caveat under s 74P(1) of Real Property Act inconsistent interests in Rydalmere property – Whether existence of caveatable interest rendered it unnecessary for Court to embark upon enquiry of whether trustee in bankruptcy lodged caveat, or failed or refused to remove it, “without reasonable cause”.

Short particulars

Documents

21/06/2019 Hearing (SLA, Sydney)

04/07/2019 Notice of appeal

09/08/2019 Written submissions (Appellant)

09/08/2019 Chronology (Appellant)

09/09/2019 Written submissions (Respondent)

27/09/2019 Reply

11/10/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

11/10/2019 Outline of oral argument (Appellant)

11/10/2019 Outline of oral argument (Respondent)

13/12/2019 Judgment (Judgment summary)

State of Western Australia v. Manado on behalf of the Bindunbur Native Title Claim Group & Ors
State of Western Australia v. Augustine on behalf of the Jabirr Jabirr / Ngumbarl Native Title Claim Group & Ors
Commonwealth of Australia v. Augustine on behalf of the Jabirr Jabirr / Ngumbarl Native Title Claim Group & Ors
Commonwealth of Australia v. Manado on behalf of the Bindunbur Native Title Claim Group & Ors

Case Nos.

P34/2019, P35/2019, P36/2019; P37/2019

Case Information

Lower Court Judgment

20/12/2018 Federal Court of Australia (Barker, Perry & Charlesworth JJ)

[2018] FCAFC 238

Catchwords

Native title – Native title interest – Determinations of native title – Whether Full Federal Court erred in holding that existing public access to and enjoyment of waterways, beds and banks or foreshores of waterways, coastal waters or beaches located upon Crown land below high water mark, confirmed by s 14 of Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) in accordance with s 212(2) of Native Title Act 1993 (Cth), was not a right or privilege in connection with land or waters within the definition of "interest" in s 253 of Native Title Act – Whether, to be included in determination of native title, is it necessary for public access and enjoyment to be an "interest", as defined in s 253 of Native Title Act – Whether existing public access to and enjoyment of waterways, beds and banks or foreshores of waterways, coastal waters or beaches located on unallocated Crown land should be stated in a determination of native title made in accordance with s 225 of Native Title Act.

Short particulars

Documents*

21/06/2019 Hearing (SLA, Sydney)

05/07/2019 Notices of appeal

21/08/2019 Written submissions (State of Western Australia)

21/08/2019 Chronology (State of Western Australia)

21/08/2019 Written submissions (Commonwealth of Australia)

21/08/2019 Chronology (Commonwealth of Australia)

13/09/2019 Written submissions (Native Title Claim Groups for the State of Western Australia appeals)

13/09/2019 Written submissions (Native Title Claim Groups for the Commonwealth of Australia)

13/09/2019 Joint chronology (Native Title Claim Groups)

04/10/2019 Reply (Commonwealth of Australia)

08/10/2019 Reply (State of Western Australia)

03/12/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

03/12/2019 Outline of oral argument (Commonwealth of Australia)

03/12/2019 Outline of oral argument (State of Western Australia)

03/12/2019 Outline of oral argument (Native Title Claim Groups)

18/03/2020 Judgment (Judgment summary)

Audio-visual recordings of Full Court hearings heard in Canberra

CaseTaylor v. Attorney-General of the Commonwealth

Date: 19 June 2019

Transcript: Hearing

AV time: 1h 56m

 

You accept the terms of use (below) by playing this audio-visual recording.

 

 

 

Terms of use

Access to the audio-visual recordings of the Court is subject to the following conditions:

(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court.  However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.

(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.

(3) Copyright of the footage of the proceedings is retained by the Court.

By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.

 

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