Kalbasi v. The State of Western Australia
Case No.
P21/2017
Case Information
Lower Court Judgment
17/08/2016 Supreme Court of Western Australia (Court of Appeal) (McLure P, Mazza JA & Mitchell JA)
Catchwords
Criminal law – Appeal against conviction – Criminal Appeals Act 2004 (WA) s 30(4) – Where appellant convicted of attempt to possess prohibited drug with intent to sell or supply contrary to Misuse of Drugs Act 1981 (WA) ss 6(1)(a), 33(1) – Where Court of Appeal concluded jury directions on intention erroneous as presumption of intent to sell or supply under s 11 of Act did not apply, but held no substantial miscarriage of justice – Whether Court of Appeal erred in finding no substantial miscarriage of justice and applying proviso – Whether Weiss v The Queen (2005) 224 CLR 300 should be revisited and/or qualified and/or overruled.
Documents
12/05/2017 Hearing (SLA, Canberra v/link Perth)
23/05/2017 Notice of appeal
16/06/2017 Written submissions (Appellant)
16/06/2017 Chronology (Appellant)
07/07/2017 Written submissions (Respondent)
21/07/2017 Reply
07/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/03/2018 Judgment (Judgment summary)
Regional Express Holdings Limited v. Australian Federation of Air Pilots
Case No.
M71/2017
Case Information
Lower Court Judgment
26/10/2016 Federal Court of Australia (North, Jessup and White JJ)
Catchwords
Industrial law – Fair Work Act 2009 (Cth) – Fair Work (Registered Organisations) Act 2009 (Cth) – Standing – Where appellant sent letter to unidentified persons who applied for cadet employment program – Where respondent, a registered organisation, commenced proceedings in Federal Circuit Court seeking pecuniary penalty orders against appellant on basis letter contravened various provisions of Fair Work Act – Where appellant sought orders dismissing or striking out application on basis respondent lacked standing – Whether respondent “entitled to represent the industrial interests” of letter recipients under s 540(6)(b)(ii) because recipients capable of becoming members of respondent despite not actually being members.
Documents
12/05/2017 Hearing (SLA, Canberra)
26/05/2017 Notice of appeal
16/06/2017 Written submissions (Appellant)
16/06/2017 Chronology (Appellant)
07/07/2017 Written submissions (Respondent)
21/07/2017 Reply
12/09/2017 Hearing (Full Court, Melbourne)
13/12/2017 Judgment (Judgment summary)
Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Anor
Case No.
M65/2017
Case Information
Lower Court Judgment
21/12/2016 Federal Court of Australia (Allsop CJ, North J, Jessup J)
Catchwords
Industrial law – Fair Work Act 2009 (Cth) – Where respondents admitted contravention of s 348 of the Act – Where pecuniary penalties imposed on respondents – Where primary judge ordered first respondent not to indemnify second respondent against penalties – Where Full Federal Court set aside order on basis that Court had no power to make such order – Whether Federal Court has power to order party not to indemnify another party in respect of pecuniary penalty order made under s 546.
Documents
12/05/2017 Hearing (SLA, Canberra)
25/05/2017 Notice of appeal
16/06/2017 Written submissions (Appellant)
16/06/2017 Chronology (Appellant)
07/07/2017 Written submissions (Respondents)
21/07/2017 Reply
05/09/2017 Hearing (Full Court, Melbourne) - VACATED
17/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/02/2018 Judgment (Judgment Summary)
Maxcon Constructions Pty Ltd v. Vadasz & Ors
Case No.
A17/2017
Case Information
Lower Court Judgment
8/02/2017 Supreme Court of South Australia (Blue J, Lovell J & Hinton J)
Catchwords
Jurisdiction – Error of law on face of record – Building and Construction Industry Security of Payment Act 2009 (SA) – Where adjudicator made determination that amount be paid by appellant – Where appellant sought judicial review of determination – Where Full Court considered it was required by Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 to follow Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (“Probuild”) – Whether Full Court erred in following Probuild and concluding that Act excluded judicial review on ground of error of law on face of record – Whether Full Court erred in holding that error of law in application of s 12 did not amount to jurisdictional error – Whether Full Court erred in holding that, if error enlivened Court’s jurisdiction to grant certiorari, appropriate order would be to partially set aside but partially preserve determination.
Documents
12/05/2017 Hearing (SLA, Canberra)
26/05/2017 Notice of appeal
16/06/2017 Written submissions (Appellant)
16/06/2017 Chronology (Appellant)
07/07/2017 Written submissions (First Respondent)
21/07/2017 Reply
09/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/02/2018 Judgment (Judgment summary)
Plaintiff M174/2016 v. Minister for Immigration and Border Protection & Anor
Case No.
M174/2016
Catchwords
Constitutional law – Migration – Migration Act 1958 (Cth) ss 57(2), 473CA, 473CC –Where plaintiff applied for Temporary Protection (Class XD) (Subclass 785) visa – Where delegate of Minister refused to grant visa – Whether delegate failed to comply with s 57(2) of Act – If so, whether failure to comply with s 57(2) had consequence that there was no decision capable of referral to Immigration Assessment Authority under s 473CA or essential precondition for valid exercise of power by Authority under s 473CC not satisfied – Whether Authority failed to conduct review in accordance with Pt 7AA by unreasonably failing to exercise statutory powers to obtain or consider new information.
Documents
20/12/2016 Application for an order to show cause
04/01/2017 Submitting appearance (Second Defendant)
16/02/2017 Hearing (Single Justice, Melbourne)
22/02/2017 Hearing (Single Justice, Melbourne)
05/05/2017 Amended Application for an order to show cause
09/05/2017 Special case stated
17/05/2017 Hearing (Single Justice, Melbourne)
23/06/2017 Written submissions (Plaintiff)
23/06/2017 Chronology (Plaintiff)
31/07/2017 Written submissions (First Defendant)
14/08/2017 Reply
07/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
18/04/2018 Judgment (Judgment summary)