High Court Registry closure

The High Court Registry will be closed from 4.00pm 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.

Commonwealth Director of Public Prosecutions v. Poniatowska

Case No. A20/2010
Case information

Lower Court Judgment

2/08/2010 Supreme Court of South Australia(Doyle CJ, Duggan J, Sulan J)

[2010] SASCFC 19

Catchwords

Criminal law — Offences — Obtain financial advantage from Commonwealth, knowing of lack of entitlement: s 135.2 Criminal Code 1995 (Cth) — Respondent failed to declare $71,000 in commission payments while receiving parenting benefit from Centrelink — Whether omitting to perform act a physical element of offence — Whether existence of legal duty or obligation to perform act, imposed by offence provision or other Commonwealth statute, determinative of question about physical element — Criminal Code 1995 (Cth) ss 4.3 and 135.2.

Words and phrases — “engages in conduct”.

Short Particulars

Documents

16/08/2010 Application for special leave to appeal

12/11/2010 Hearing (SLA, Sydney)

01/02/2011 Written submissions (Applicant)

01/02/2011 Chronology

15/02/2011 Written submissions (Respondent)

22/02/2011 Reply

03/03/2011 Hearing (Full Court, Canberra)

26/10/2011 Judgment  (Judgment summary)