High Court Registry closure

The High Court Registry will be closed from 4:00pm AEDT on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026. If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition, provide details by email to: registry@hcourt.gov.au.

Director of Public Prosecutions (Cth) v JM

[2013] HCA 30
Case number
M73/2012
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Criminal law – Market manipulation – Corporations Act 2001 (Cth), s 1041A – Transactions alleged to have effect or likely effect of creating "artificial price" for shares on Australian Securities Exchange – Meaning of "artificial price" in s 1041A of the Corporations Act – Whether meaning of "artificial price" informed by United States of America conceptions of "cornering" and "squeezing".

Criminal procedure – Question of law arising before trial – Question of law referred to Court of Appeal – Case stated – Case stated set out facts which prosecution sought to prove at trial – Facts set out in case stated neither admitted nor proved – Whether question of law referred hypothetical.

Words and phrases – "artificial price", "case stated", "cornering", "genuine supply and demand", "market manipulation", "sole or dominant purpose", "squeezing".

Corporations Act 2001 (Cth) – ss 1041A, 1338B, 1338C.

Criminal Procedure Act 2009 (Vic) – ss 302, 305, 306.

Files
30.rtf (284.5 KB)
30.pdf (120.31 KB)