Google Inc v. Australian Competition and Consumer Commission
Case No.
S175/2012
Case Information
Lower Court Judgment
23/04/2012 Federal Court of Australia (Keane CJ, Jacobson and Lander JJ)
Catchwords
Consumer law — Misleading and deceptive conduct — On-line advertising — Applicant operator of free internet search engine — Advertisers promoted their goods or services by means of sponsored links that appeared on search result pages displayed by applicant's internet search engine — Advertisements displayed in response to user's search query — Whether in displaying the sponsored links the applicant engaged in conduct that was misleading and deceptive or likely to mislead or deceive for the purposes of section 52 of the Trade Practices Act 1974 (Cth) (now s 18 Australian Consumer Law) — Whether in displaying the advertisements in response to a particular user's search query the applicant made the representations contained in the advertisements.
Documents
22/06/2012 Hearing (SLA, Sydney)
28/06/2012 Notice of appeal
27/07/2012 Written submissions (Appellant)
27/07/2012 Chronology (Appellant)
17/08/2012 Written submissions (Respondent)
17/08/2012 Chronology (Respondent)
31/08/2012 Reply
04/09/2012 Amended chronology (Respondent)
11/09/2012 Hearing (Full Court, Canberra)
06/02/2013 Judgment (Judgment summary)
Stanford v. Stanford
Case No.
P23/2012
Case Information
Lower Court Judgment
10/07/2012 Family Court of Western Australia (Bryant CJ, May J, Moncrieff J)
Catchwords
Family law — Property settlement — Property proceedings conducted by case guardians of H (aged 87) and W (aged 89) — Marriage still intact although W's declining health required that the parties be physically separated — Full Court made orders under s 79 of the Family Law Act 1975 (Cth) that required H upon his death or such earlier time as may be determined by his case guardian to pay a judgment sum to W — Order could only be satisfied by H selling matrimonial home where he was still living — Whether Full Court empowered to make a property settlement order under s 79 of the Act.
Constitutional law — Powers of Commonwealth Parliament — Section 51(xxi) — Whether orders made by the Full Court beyond the power conferred on Family Court of Australia in that it was not a matrimonial cause as specified in s 4(1)(ca) of the Act — Whether s 79 of the Act as applied in this case invalid.
Documents
22/06/2012 Hearing (SLA, Canberra by v/link to Perth)
05/07/2012 Notice of appeal
06/07/2012 Notice of Constitutional Matter (Appellant)
27/07/2012 Written submissions (Appellant)
27/07/2012 Chronology (Appellant)
17/08/2012 Written submissions (Respondent)
24/08/2012 Written submissions (Attorney-General for the State of Western Australia)
28/08/2012 Written submissions (Attorney-General of the Commonwealth)
30/08/2012 Written submissions (Attorney-General for the State of New South Wales)
31/08/2012 Reply
04/09/2012 Hearing (Full Court, Canberra)
15/11/2012 Judgment (Judgment summary)
Droudis v. The Queen and Anor
Case No.
S179/2012
Related Matter
S172/2012 – Monis v. The Queen & Anor
Case Information
Lower Court Judgment
6/12/2011 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Allsop P, McClellan J)
Catchwords
Constitutional law (Cth) – Operation and effect of Constitution – Interpretation – Implied freedom of political communication about government or political matters – System of representative and responsible government – Applicants charged under s 471.12 of the Criminal Code 1995 (Cth) ("the Code") which creates an offence of using a postal or similar service in a way that reasonable persons would consider menacing, harassing or offensive – Whether s 471.12 of the Code invalid because it infringes the implied freedom of political communication about government or political matters.
Documents
22/06/2012 Hearing (SLA, Sydney)
05/07/2012 Notice of appeal
05/07/2012 Notice of constitutional matter (Appellant)
10/07/2012 Notice of contention (Respondent)
10/07/2012 Notice of constitutional matter (Respondent)
14/08/2012 Written submissions (Appellant)
14/08/2012 Chronology (Appellant)
04/09/2012 Written submissions (Attorney-General of the Commonwealth intevening)
04/09/2012 Written submissions (First Respondent)
04/09/2012 Written submissions (Second Respondent)
11/09/2012 Written submissions (Attorney-General for the State of South Australia)
11/09/2012 Written submissions (Attorney-General for the State of Victoria)
11/09/2012 Written submissions (Attorney-General for the State of Western Australia)
18/09/2012 Reply
03/10/2012 Hearing (Full Court, Canberra)
04/10/2012 Hearing (Full Court, Canberra)
27/02/2013 Judgment (Judgment summary)
Monis v. The Queen and Anor
Case No.
S172/2012
Related Matter
S179/2012 – Droudis v. The Queen & Anor
Case Information
Lower Court Judgment
6/12/2011 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Allsop P, McClellan J)
Catchwords
Constitutional law (Cth) – Operation and effect of Constitution – Interpretation – Implied freedom of political communication about government or political matters – System of representative and responsible government – Applicants charged under s 471.12 of the Criminal Code 1995 (Cth) ("the Code") which creates an offence of using a postal or similar service in a way that reasonable persons would consider menacing, harassing or offensive – Whether s 471.12 of the Code invalid because it infringes the implied freedom of political communication about government or political matters.
Documents
22/06/2012 Hearing (SLA, Sydney)
27/06/2012 Notice of appeal
05/07/2012 Notice of constitutional matter (Appellant)
05/07/2012 Notice of contention (Respondent)
05/07/2012 Notice of constitutional matter (Respondent)
14/08/2012 Written submissions (Appellant)
14/08/2012 Chronology (Appellant)
04/09/2012 Written submissions (Attorney-General of the Commonwealth intervening)
04/09/2012 Written submissions (First Respondent)
04/09/2012 Written submissions (Second Respondent)
11/09/2012 Written submissions (Attorney-General for the State of South Australia)
11/09/2012 Written submissions (Attorney-General for the State of Victoria)
11/09/2012 Written submissions (Attorney-General for the State of Western Australia)
19/09/2012 Reply
03/10/2012 Hearing (Full Court, Canberra)
04/10/2012 Hearing (Full Court, Canberra)
27/02/2013 Judgment (Judgment summary)
Westfield Management Limited as trustee for the Westart Trust v. AMP Capital Property Nominees Limited as Nominee of Unisuper limited in its capacity as trustee of the complying superannuation fund known as Unisuper and Anor
Case No.
S181/2012
Case Information
Lower Court Judgment
14/12/2011 Supreme Court of New South Wales (Court of Appeal)(Giles JA, Campbell JA, Meagher JA)
Catchwords
Corporations - managed investment scheme - appeal from final injunction restraining unitholder in registered management investment scheme from voting for an extraordinary resolution to direct the winding up of the scheme pursuant to s.601NB of the Corporations Act 2001 (Cth) - contracts - construction and interpretation - "intent and effect" of provisions.
Documents
22/06/2012 Hearing (SLA, Sydney)
06/07/2012 Notice of appeal
27/07/2012 Written submissions (Appellant)
27/07/2012 Chronology (Appellant)
17/08/2012 Written submissions (Respondents)
31/08/2012 Reply
06/09/2012 Hearing (Full Court, Canberra)
05/12/2012 Judgment (Judgment summary)