Audio-visual recordings of Full Court hearings heard in Canberra
Ceremony: Swearing-in Ceremony of the Hon Geoffrey Nettle as a Justice of the High Court of Australia
Date: 3 February 2015
Transcript: Hearing
AV time: 47m
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Tomlinson v. Ramsey Food Processing Pty Limited
Case No.
S7/2015
Case Information
Lower Court Judgment
21/07/2014 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Ward JA, Emmett JA )
Catchwords
Estoppel – Issue estoppel – Appellant was employee at abattoir owned by respondent – Appellant was injured as result of respondent’s negligence – Appellant and others complained to Fair Work Ombudsman about abattoir’s failure to pay all wage entitlements – Fair Work Ombudsman brought proceedings in its name against respondent – Appellant separately commenced proceedings claiming damages against respondent for personal injury under Civil Liability Act 2002 (NSW) – Appellant argued in proceedings that abattoir was relevant employer – Respondent pleaded by way of defence that appellant was issue estopped by reason of earlier proceedings on the issue of employee/employer such that respondent was appellant’s relevant employer – Whether Fair Work Ombudsman was privy of appellant employee in earlier proceedings – Whether appellant was issue estopped by earlier decision made in proceedings commenced by Fair Work Ombudsman to which appellant was not party.
Documents
12/12/2014 Hearing (SLA, Sydney)
07/01/2015 Notice of appeal
21/01/2015 Written submissions (Appellant)
21/01/2015 Chronology (Appellant)
11/02/2015 Written submissions (Respondent)
04/03/2015 Reply
10/04/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
12/08/2015 Judgment (Judgment summary)
Ausnet Transmission Group Pty Ltd v. Commissioner of Taxation of the Commonwealth of Australia
Case No.
M139/2014
Case Information
Lower Court Judgment
7/04/2014 Federal Court of Australia (Edmonds J, McKerracher J, Davies)
Catchwords
Taxation – Income Tax – Income Tax Assessment Act 1997 (Cth) (‘ITAA’) – Appellant paid three imposts to State of Victoria under s 163AA(1) of Electricity Industry Act 1993 (Vic) on purchase of transmission licence – Whether three imposts deductible pursuant to s 8-1 of ITAA – Whether observations of Fullagar J in Colonial Mutual Life Assurance Society Ltd v Federal Commissioner of Taxation was qualified by Court’s decision in Cliffs International Inc v FCT – Whether practical and business advantage secured by payment of compulsory exaction to State can be capital in nature.
Documents
12/12/2014 Hearing (SLA, Melbourne)
19/12/2014 Notice of appeal
21/01/2015 Written submissions (Appellant)
21/01/2015 Chronology (Appellant)
11/02/2015 Written submission (Respondent)
25/02/2015 Reply
09/04/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
05/08/2015 Judgment (Judgment summary)
Independent Commission against Corruption v. Cunneen & Ors
Case No.
S302/2014
Case Information
Lower Court Judgment
5/12/2014 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Basten JA, Ward JA)
Catchwords
Statutes – Interpretation – Independent Commission Against Corruption Act 1988 (NSW) (“Act”), ss 8(2) and 13(1) – Respondents were summoned to public inquiry by applicant regarding allegations that first and second respondents had intended to pervert course of justice – Respondents challenged inquiry on basis that allegations could not constitute “corrupt conduct” under Act – Whether allegation amounting to perverting the course of justice could also amount to conduct that “adversely affects, or could adversely affect… the exercise of official functions by any public official” within meaning of s 8(2) of Act – Whether allegation capable of being investigated by applicant.
Documents
09/12/2014 Application for special leave to appeal
12/12/2014 Hearing (Single Justice, Sydney)
16/01/2015 Written submissions (Applicant)
16/01/2015 Chronology (Applicant)
02/02/2015 Written submissions (Respondents)
02/02/2015 Chronology (Respondents)
13/02/2015 Reply (Applicant)
04/03/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
15/04/2015 Judgment (Judgment summary)
Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC v. State of Queensland
Case No.
B26/2014
Case Information
Catchwords
Alleged inconsistency of the North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld) with a Commonwealth law, namely the Native Title Act 1993 (Cth) - hence state legislation is invalid by operation of s 109 of the Constitution
Documents
06/06/2014 Writ of summons
17/06/2014 Notice of constitutional matter (Plaintiff)
19/08/2014 Hearing (Single Justice, Brisbane)
28/11/2014 Hearing (Single Justice, Brisbane v/link to Sydney)
06/02/2015 Written submissions (Plaintiff)
06/02/2015 Chronology (Plaintiff)
06/03/2015 Written submissions (Defendant)
13/03/2015 Written submissions (Attorney-General of the Commonwealth intervening)
13/03/2015 Written submissions (Attorney-General for the State of New South Wales intervening)
13/03/2015 Written submissions (Attorney-General for the State of South Australia intervening)
13/03/2015 Written submissions (Attorney-General for the State of Western Australia intervening)
20/03/2015 Reply (Plaintiff)
25/07/2016 Notice of discontinuance (Plaintiff)