BHP Group Limited v. Impiombato & Anor
Case No.
M12/2022
Case Information
Lower Court Judgment
03/06/2021 Federal Court of Australia (Middleton, McKerracher and Lee JJ)
Catchwords
Representative proceedings – Shareholder class action – Non-resident shareholders – Pt IVA of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – Presumption against extraterritoriality – Dual listed company structure – Where claims brought on behalf of non-resident shareholders of BHP Group Limited (Australian company) and BHP Group Plc (United Kingdom company) – Where claims brought in Federal Court of Australia under Pt IVA concerning representative proceedings – Whether Pt IVA of FCA Act applies to claims brought on behalf of non-resident group members – Whether presumption against extraterritorial operation of legislation applies to Pt IVA of FCA Act – Whether Part IVA of FCA Act confers on Federal Court jurisdiction or power to determine claims of group members outside territory.
Documents*
18/02/2022 Hearing (SLA, Canberra)
04/03/2022 Notice of appeal
08/04/2022 Written submissions (Appellant)
08/04/2022 Chronology (Appellant)
06/05/2022 Written submissions (Respondents)
27/05/2022 Reply
09/08/2022 Hearing (Full Court, Canberra)
09/08/2022 Outline of oral argument (Appellant)
09/08/2022 Outline of oral argument (Respondents)
12/10/2022 Judgment (Judgment summary)
Hore v. The Queen, Wichen v. The Queen
Case No.
A5/2022; A6/2022
Case Information
Lower Court Judgment
07/05/2021 Supreme Court of South Australia (Kelly P, Lovell and Bleby JJ)
07/05/2021 Supreme Court of South Australia (Kelly P, Lovell and Bleby JJ)
Catchwords
Criminal law – Sentence – Sentencing Orders – Offenders incapable of controlling, or unwilling to control, sexual instincts – Meaning of "willing" – Where appellants detained by Court order, following application by Crown, on grounds they were incapable or unwilling to control sexual instincts – Where s 59(1a)(a) of Sentencing Act 2017 (SA) provided person detained cannot be released unless Court satisfied person "capable of controlling and willing to control" person's sexual instincts – Where s 57, providing authority for Court to make order for indefinite detention, contained definition of "unwilling" – Where Court of Appeal held "willing" in s 59(1a)(a) had converse meaning to defined term "unwilling" in s 57(1) such that appellants could only be regarded as willing to control sexual instincts if established no significant risk they would, given opportunity to commit relevant offence, fail to exercise appropriate control of sexual instincts – Whether meaning of "willing" in s 59(1a)(a) is converse of word "unwilling" as defined in s 57 – Proper meaning of term "willing" in s 59(1a)(a).
Documents*
21/02/2022 Hearing (SLA, Canberra)
04/03/2022 Notices of appeal
01/04/2022 Written submissions (Appellant A5/2022)
01/04/2022 Chronology (Appellant A5/2022)
01/04/2022 Written submissions (Appellant A6/2022)
01/04/2022 Chronology (Appellant A6/2022)
20/04/2022 Written submissions (Respondent A5/2022)
20/04/2022 Written submissions (Respondent A6/2022)
26/04/2022 Reply (Appellant A5/2022)
26/04/2022 Reply (Appellant A6/2022)
11/05/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
10/05/2022 Outline of oral argument (Appellants - joint)
10/05/2022 Outline of oral argument (Respondent)
15/06/2022 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: ALEXANDER v MINISTER FOR HOME AFFAIRS & ANOR
Date: 16 Feburary 2022 , 17 Feburary 2022
Transcript: Hearing
AV time: 4h 31m, 4h 28m,
You accept the terms of use (below) by playing this audio-visual recording.
16 Feburary 2022
17 Feburary 2022
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.
Audio-visual recordings of Full Court hearings heard in Canberra
Case:Farm Transparency International Ltd & Anor v State of New South Wales
Date: 10 Feburary 2022 , 11 Feburary 2022
Transcript: Hearing
AV time: 4h 5m, 2h 39m,
You accept the terms of use (below) by playing this audio-visual recording.
10 Feburary 2022
11 Feburary 2022
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.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Citta Hobart PTY LTD & Anor v Cawthorn
Date: 08 Feburary 2022 , 09 Feburary 2022
Transcript: Hearing
AV time: 4h 34m, 3h 49m,
You accept the terms of use (below) by playing this audio-visual recording.
08 Feburary 2022
09 Feburary 2022
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.