Police v. Dunstall
Case No.
A5/2015
Case Information
Lower Court Judgment
25/07/2014 Supreme Court of South Australia(Kourakis CJ, Gray & Sulan JJ)
Catchwords
Criminal law – Evidence – Judicial discretion to admit or exclude evidence – Evidence unfair to admit or improperly obtained – Generally – Where the respondent was charged with driving a motor vehicle while there was present in his blood the prescribed concentration of alcohol in contravention of s 47K(5) of the Road Traffic Act 1961 (SA) – Where the respondent was subject to a breath analysis test and two blood samples were taken – Where the blood samples were denatured and unsuitable for analysis – Where the breath analysis evidence was excluded on the basis of unfairness – Whether there is a general judicial discretion to excluded lawfully obtained, non-confessional evidence for reasons of unfairness – If there is a general judicial discretion, what amounts to unfairness to enliven the discretion.
Documents
13/03/2015 Hearing (SLA, Adelaide)
25/03/2015 Notice of appeal
08/04/2015 Written submissions (Appellant)
08/04/2015 Chronology (Appellant)
20/04/2015 Notice of Constitutional Matter (Appellant)
23/04/2015 Written submissions (Respondent)
29/04/2015 Reply
29/04/2015 Written submissions (Attorney-General for the State of Western Australia intervening)
05/05/2015 Written submissions (Attorney-General of the Commonwealth intervening)
06/05/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
05/08/2015 Judgment (Judgment summary)
WZARV v. Minister for Immigration and Border Protection & Anor
Case No.
P10/2015
Case Information
Lower Court Judgment
22/08/2014 Federal Court of Australia (McKerracher J)
Catchwords
Migration – Refugee and humanitarian visas – Definition of refugee – Fear of Persecution – Serious Harm – Where the appellant is a Sri Lankan citizen and applied for a Refugee Status Assessment – Where the appellant is of Tamil ethnicity – Where the Independent Merits Reviewer accepted that it was likely that the appellant would be questioned by the Sri Lankan authorities upon his return to Sri Lanka but that questioning would not amount to a serious harm to the appellant - Whether a qualitative assessment of the seriousness of the harm suffered by the respondent was required pursuant to s 91R of the Migration Act 1958 (Cth).
Documents
24/02/2015 Grant of special leave on the papers
10/03/2015 Notice of appeal
10/03/2015 Written submissions (Appellant)
10/03/2015 Chronology (Appellant)
16/03/2015 Submitting appearance (Second Respondent)
31/03/2015 Written submissions (First Respondent)
07/04/2015 Reply
15/04/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
17/06/2015 Judgment (Judgment Summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Uelese v. Minister for Immigration and Citizenship & Anor
Date: 05 March 2015
Transcript: Hearing
AV time: 2h 25m
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Terms of use
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(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.
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: Independent Commission against Corruption v. Cunneen & Ors
Date: 04 March 2015
Transcript: Hearing
AV time: 3h 53m
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.
Firebird Global Master Fund II Ltd v. Republic of Nauru & Anor
Case No.
S29/2015
Case Information
Lower Court Judgment
23/10/2014 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Basten JA)
Catchwords
Recognition, effect and enforcement of foreign judgments – enforcement of foreign judgments – Foreign States immunity – Where appellant is the holder of bonds issued by an entity which was guaranteed by the government of Nauru – where the bond issuer and guarantor defaulted – Where appellant recovered a judgment in Japan equivalent to 31 million Australian dollars – Whether s 9 of the Foreign States Immunities Act 1985 (Cth) renders first respondent immune to an application to the Court for an order for the registration of the foreign judgment under s 6 of the Foreign Judgments Act 1991 (Cth).
Documents
13/02/2015 Hearing (SLA, Sydney)
27/02/2015 Notice of appeal
03/03/2015 Submitting appearance (Second Respondent)
20/03/2015 Written submissions (Appellant)
20/03/2015 Chronology (Appellant)
20/04/2015 Written submissions (First Respondent)
27/04/2015 Written submissions (Attorney-General of the Commonwealth seeking leave to intervene)
11/05/2015 Reply
01/06/2015 Summons seeking leave to file Notice of Contention (First Respondent)
02/09/2015 Hearing (Full Court, Canberra) (Audio visual recording)
03/09/2015 Hearing (Full Court, Canberra) (Audio visual recording)
02/12/2015 Judgment (Judgment summary)
23/12/2015 Judgment