Leo Akiba on behalf of the Torres Strait Regional Seas Claim Group v. Commonwealth of Australia and Ors
Case No.
B58/2012
Case Information
Lower Court Judgment
14/03/2012 Federal Court of Australia (Keane CJ, Mansfield J, Dowsett J)
Catchwords
Native title – Preservation of native title rights – Prior extinguishment – Native title claim over maritime area – Native title right to take fish and other aquatic life for commercial purposes – Whether native title rights extinguished by fisheries legislation prohibiting, in the absence of a licence, taking of such resources for commercial purposes – Whether rights to take resources from an area constitute native title rights or interests within the meaning of s 223(1) of the Native Title Act 1993 (Cth) where those rights are held under traditional laws and customs on the basis of a 'reciprocal relationship' with a holder of 'occupation based' native title rights.
Documents
05/10/2012 Hearing (SLA, Canberra by V/link to Brisbane)
19/10/2012 Notice of appeal
09/11/2012 Written submissions (Appellant)
09/11/2012 Chronology (Appellant)
03/12/2012 Written submissions (First Respondent)
03/12/2012 Written submissions (Second Respondent)
10/12/2012 Written submissions (Attorney-General for the State of Western Australia intervening)
17/12/2012 Reply (amended 6/2/2013)
30/01/2013 Written submissions (Warrarn Peoples seeking leave to intervene)
12/02/2013 Hearing (Full Court, Canberra)
07/08/2013 Judgment (Judgment summary)
Maloney v. The Queen
Case No.
B57/2012
Case Information
Lower Court Judgment
20/04/2012 Supreme Court of Queensland (Court of Appeal) (McMurdo P, Chesterman JA, Daubney J)
Catchwords
Statutes – Interpretation – Racial discrimination – The community area of the Palm Island Shire Council declared a 'restricted area' pursuant to s 147G of the Liquor Act 1992 (Q) – Applicant convicted of possessing liquor in the Palm Island restricted area pursuant to s 168B(1) of the Liquor Act – Whether liquor restrictions contravene s 10 of the Racial Discrimination Act 1975 (Cth) – Whether liquor restrictions valid as special measure within the meaning of s 8 of the Racial Discrimination Act.
Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Whether State law inconsistent with Commonwealth law and invalid to extent of inconsistency.
Documents
05/10/2012 Hearing (SLA, Canberra by v/link to Brisbane)
19/10/2012 Notice of appeal
19/10/2012 Notice of constitutional matter (Appellant)
26/10/2012 Written submissions (Appellant)
26/10/2012 Chronology (Appellant)
16/11/2012 Written submissions (Respondent)
23/11/2012 Written submissions (Attorney-General of the Commonwealth intervening)
23/11/2012 Written submissions (Attorney-General for the State of South Australia intervening)
23/11/2012 Written submissions (Attorney-General for the State of Western Australia intervening)
23/11/2012 Written submissions (Australian Human Rights Commission seeking leave to intervene)
28/11/2012 Written submissions (National Congress of Australia's First Peoples Ltd seeking leave to appear as amicus curiae)
30/11/2012 Reply
11/12/2012 Hearing (Full Court, Canberra)
12/12/2012 Hearing (Full Court, Canberra)
19/06/2013 Judgment (Judgment summary)
Wallace v. Kam
Case No.
S307/2012
Case Information
Lower Court Judgment
13/04/2012 Supreme Court of New South Wales (Court of Appeal) (Allsop P, Beazley JA, Basten JA.)
Catchwords
Torts – Negligence – Causation – Medical practitioner – Failure to warn –Duty to warn patient of material risks inherent in applicant’s proposed back surgery – Multiple material risks – Applicant suffered nerve damage on account of one of several risks materialising – Applicant argued that he would not have undergone surgery if told of all risks – Whether failure to warn of material risks that did not eventuate causally connected to damage – Civil Liability Act 2002 (NSW), s 5D.
Documents
05/10/2012 Hearing (SLA, Sydney)
18/10/2012 Notice of appeal
26/10/2012 Chronology (Appellant)
01/11/2012 Amended written submissions (Appellant)
16/11/2012 Written submissions (Respondent)
30/11/2012 Reply
13/03/2013 Hearing (Full Court, Caberra)
08/05/2013 Judgment (Judgment summary)
Beckett v. The State of New South Wales
Case No.
S144/2012
Case Information
Lower Court Judgment
2/05/2012 Supreme Court of New South Wales (Court of Appeal) (Beazley JA, McColl JA, Tobias AJA)
Catchwords
Torts – Malicious Prosecution – Elements of action – Applicant convicted of multiple charges – Applicant subsequently acquitted of one charge and remaining convictions quashed and new trail ordered – Prosecution decided not to proceed with outstanding charges – Applicant brought action for malicious prosecution – Whether plaintiff must prove innocence – Whether nolle prosequi filed with court or whether alternative characterisation appropriate – Whether Davis v Gell (1924) 35 CLR 275 should be overruled.
Documents
30/05/2012 Application for special leave to appeal
05/10/2012 Hearing (SLA, Sydney)
26/10/2012 Written submissions (Applicant)
26/10/2012 Chronology (Applicant)
19/11/2012 Amended written submissions (Respondent)
30/11/2012 Reply
05/02/2013 Hearing (Full Court, Canberra)
08/05/2013 Judgment (Judgment summary)
Hunt & Hunt Lawyers v. Mitchell Morgan Nominees Pty Ltd and Ors
Case Nos.
S270/2012; S95/2012
Case Information
Lower Court Judgment
15/03/2012 Supreme Court of New South Wales (Court of Appeal) (Macfarlan JA, Sackville AJA)
Catchwords
Torts – Negligence – Proportionate liability – Loan and mortgage transactions effected by forged signatures of purported borrower/mortgagor – Mortgage registered but respondent lender's interest not indefeasible as security for loan amount – Respondent's solicitors ('the applicant') liable to respondent for negligence in failing to word mortgage so as to be indefeasible as security for loan amount – Sections 34 and 35 of the Civil Liability Act 2002 (NSW), inter alia, limit liability of a defendant who establishes that other parties are concurrently liable to a plaintiff in respect of the damage or loss that is the subject of plaintiff's claim against the defendant – Whether insolvent fraudsters concurrent wrongdoer together with applicant – What is the correct approach to identifying 'the damage or loss that is the subject of the claim' within the meaning of s 34(2) of the Civil Liability Act 2002.
Torts – Negligence – Damages – Financial loss – Loss of Interest component – Forged mortgage – Scope of liability under s 5D Civil Liability Act 2002 (NSW) – Whether Court of Appeal erred in holding that damages payable by applicant included amounts referable to interest rate provided in forged mortgage.
Documents
07/09/2012 Hearing (SLA, Sydney)
21/09/2012 Notice of appeal
02/10/2012 Written submissions (Appellant/Applicant)
02/10/2012 Chronology (Appellant/Applicant)
03/10/2012 Submitting appearance (Fourth Respondent)
24/10/2012 Written submissions (First and Second Respondents)
31/10/2012 Reply
12/12/2012 Hearing (Full Court, Canberra)
03/04/2013 Judgment (Judgment summary)
29/05/2013 Supplementary Judgment