WHS v. The King
Case No.
S92/2025
Case Information
Lower Court Judgment
20/12/2024 Supreme Court of New South Wales (Court of Criminal Appeal) (Fagan, Chen and Sweeney JJ)
Catchwords
Criminal law – Charges of sexual intercourse with a child – Criminal Procedure Act 1986 (NSW) – s 293(3) (now s 294CB(3)) –– Prohibition of evidence of sexual experience or lack of sexual experience of a complainant – s 293(6) (now s 294CB(6)) – Exception to prohibition where it has been disclosed or implied in the prosecution case that the complainant has or may have had sexual experience or a lack of sexual experience – Whether exception only applies where the prosecution "invites" the jury to draw an inference about lack of prior sexual experience – Whether exception also applies where the evidence adduced by the prosecution is likely to lead the jury to draw that inference – Whether exclusion of evidence relating to complainant's sexual experience resulted in a miscarriage of justice – Relevance of age of complainant – Whether final address by Crown Prosecutor resulted in a miscarriage of justice.
Documents*
12/06/2025 Determination
26/06/2025 Notice of appeal
24/07/2025 Written submissions (Appellant)
24/07/2025 Chronology (Appellant)
14/08/2025 Written submissions (Respondent)
21/08/2025 Reply
*The due dates shown for documents on this page are indicative only.
Edward Moses Obeid v. The King
Moses Edward Obeid v. The King
Macdonald v. The King
Case No.
S88/2025, S89/2025, S93/2025
Case Information
Lower Court Judgment
06/10/2023 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell CJ, Basten AJA and Button J)
Catchwords
CRIMINAL LAW – Conspiracy – Conspiracy to commit common law offence of wilful misconduct in public office – Elements of conspiracy – Element of misconduct created by conflict between self-interest and public duty – Need to establish causal element – Whether agreement to undertake particular act(s) required – Whether each participant in the conspiracy must agree to carry out act(s) in furtherance of unlawful purpose – Whether Crown case was defective because it did not allege an agreement for one participant to do a particular act or act that amounted to misconduct in public office.
Documents*
12/06/2025 Determination [2025] HCADisp 113
12/06/2025 Determination [2025] HCADisp 114
12/06/2025 Determination [2025] HCADisp 115
26/06/2025 Notice of appeal
31/07/2025 Written submissions (Appellants)
31/07/2025 Chronology (Appellants)
28/08/2025 Written submissions (Respondent)
18/09/2025 Reply
*The due dates shown for documents on this page are indicative only.
Commissioner of Taxation of the Commonwealth of Australia v. Bendel & Anor
Case No.
M47/2025
Case Information
Lower Court Judgment
19/02/2025 Federal Court of Australia (Logan, Hespe and Neskovcin JJ)
Catchwords
Taxation – Statutory construction – Income Tax Assessment Act 1936 (Cth) – s 109D(3) – Loan – Deemed dividends – Discretionary trust – Where corporate beneficiary of a trust had a present entitlement which was unpaid – Whether present entitlement remaining unpaid was a loan for the purposes of s 109D of the Act – Whether a "loan" for the purposes of s 109D(3) of the Act is limited to circumstances where there is a transfer of an amount and an obligation to "repay" an identifiable sum – Whether it includes the situation where the trustee has resolved to distribute an amount to a beneficiary but the beneficiary consents or acquiesces to the amount being retained by the trustee and used for the purposes of the trust.
Documents*
12/06/2025 Determination
26/06/2025 Notice of appeal
31/07/2025 Written submissions (Appellant)
31/07/2025 Chronology (Appellant)
28/08/2025 Written submissions (Respondent)
18/09/2025 Reply
*The due dates shown for documents on this page are indicative only.
CCDM Holdings, LLC & Ors v. The Republic of India
Case No.
S90/2025
Case Information
Lower Court Judgment
31/01/2025 Federal Court of Australia (Sarah C Derrington, Stewart and Feutrill JJ)
Catchwords
International law – United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) – ArtI(3) – Where a State is permitted on signing Convention to declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making the declaration – Whether reserving State has any obligation to accepting States with regard to arbitral awards outside the scope of its reservation – Where appellant applied for recognition and enforcement of an Award arising from an investor-State claim under the India-Mauritius Bilateral Investment Treaty against the respondent – Vienna Convention on the Law of Treaties (Vienna, 1969) – Art 21 – Foreign States Immunities Act 1985 (Cth) – s 10(2) – Whether ratification of Convention a waiver of immunity in proceedings to enforce the Award – Whether a Contracting State has can be taken to have consented to the exercise of jurisdiction by an Australian Court for the purposes of s 10 of the Foreign States Immunities Act 1985 (Cth) in proceedings under Art III of the New York Convention and s 8 of the International Arbitration Act 1974 to enforce an award against that State, being a State that has made the commercial reservation.
Documents*
12/06/2025 Determination
26/06/2025 Notice of appeal
31/07/2025 Written submissions (Appellants)
31/07/2025 Chronology (Appellants)
28/08/2025 Written submissions (Respondent)
18/09/2025 Reply
*The due dates shown for documents on this page are indicative only.
AA v. The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054
Case No.
S94/2025
Case Information
Lower Court Judgment
15/04/2025 Supreme Court of New South Wales (Court of Appeal) (Bell CJ, Leeming and Ball JJA)
Catchwords
Negligence – Institutional liability for historical sexual abuse claims – Claim brought against Diocese for sexual assaults alleged to have been perpetrated by an assistant priest in 1969 – Civil Liability Act 2002 (NSW) – s 5Q – Liability based on non–delegable duty – Part 1B – Liability of organisations – Legal nature of defendant – Duty of care – Non–delegable duties – Whether Diocese could owe non–delegable duty of care for intentional criminal act of assistant priest.
Documents*
17/06/2025 Hearing (SLA, Canberra)
01/07/2025 Notice of appeal
08/07/2025 Written submissions (Appellant)
08/07/2025 Chronology (Appellant)
18/07/2025 Written submissions (Respondent)
23/07/2025 Reply
07/08/2025 Hearing (Full Court, Canberra)
*The due dates shown for documents on this page are indicative only.