Cherry v. State of Queensland
Case No.
Case no B11/2024
Case Information
Catchwords
Constitutional law – separation of powers – judicial power – where plaintiff convicted of two counts of murder in 2002 and sentenced to life imprisonment with mandatory minimum non-parole period of 20 years – where body of second victim never located – where in 2021 new provisions inserted into Corrective Services Act 2006 (Qld) (“CSA”) to amend “no body-no parole” scheme and introducing new “restricted prisoners” regime – where President of Parole Board of Queensland may make “no co-operation” declaration under s 175L of CSA in respect of a “no body – no parole” prisoner where remains of victim not found and where Board not satisfied prisoner has given “satisfactory co-operation” – where effect of declaration is that prisoner may not apply for parole notwithstanding parole eligibility date set by sentencing judge – where under s 175E of CSA President of Parole Board can make declaration about restricted prisoner (relevantly defined as prisoner sentenced to life imprisonment for more than one conviction of murder) – where effect of declaration is that prisoner may not apply for parole other than in “exceptional circumstances parole” under s 1767 – where plaintiff subject to “no co-operation” declaration and liable for “restricted prisoner” declaration if former lapses – validity of provisions under Ch 5, Divs 1 and 2 CSA – whether ss 175L and 175E CSA invalid as enabling Queensland executive to impermissibly interfere with exercise of judicial power by State Courts contrary to principle established in Kable v Director of Public Prosecutions (1996) 189 CLR 51.
Documents*
04/03/2024 Writ of summons
23/09/2024 Hearing (Single Justice, Brisbane by video connection)
27/09/2024 Order referring special case to the Full Court
04/10/2024 Special case stated
21/10/2024 Written submissions (Plaintiff)
22/11/2024 Written submissions (Defendant)
06/12/2024 Written submissions (Attorney-General for the State of New South Wales, intervening)
06/12/2024 Written submissions (Attorney-General for the State of South Australia, intervening)
06/12/2024 Written submissions (Attorney-General for the Northern Territory, intervening)
06/12/2024 Written submissions (Attorney-General for the State of Western Australia, intervening)
06/12/2024 Written submissions (Attorney-General of the State of Victoria, intervening)
24/01/2025 Reply
04/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
04/02/2025 Outline of oral argument (Plaintiff)
04/02/2025 Outline of oral argument (Defendant)
04/02/2025 Outline of oral argument (Attorney-General for the State of New South Wales, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the State of South Australia, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the Northern Territory, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the State of Western Australia, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the State of Victoria, intervening)
09/04/2025 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Pearson v Commonwealth; JZQQ v MICMA; Tapiki v MICMA and related matters [2024] HCATrans 68 - first day
Date: 09 October 2024
Transcript: Hearing
AV time: 4h 35m
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DZY (a pseudonym) v. Trustees of the Christian Brothers
Case No.
M81/2024
Case Information
Lower Court Judgment
23/04/2024 Supreme Court of Victoria (Court of Appeal) (Beach, Macaulay and Lyons JJA)
Catchwords
Civil procedure – limitation of actions – application to set aside deeds of settlement under s 27QE of Limitation of Actions Act 1958 (Vic) – where appellant entered into two deeds of settlement relating to sexual abuse alleged against Christian Brothers in school run by respondent – where appellant later commenced proceedings seeking damages from respondent for economic loss caused by abuse – where respondent claimed settlements should not be set aside because it would have pleaded limitation defence and “Ellis” defence that unincorporated association not solvent legal entity capable of being sued (Trustees of the Roman Catholic Church v Ellis (2007) 70 NSWLR 565) – where primary judge allowed claim to proceed – where Court of Appeal set aside primary judge’s decision – whether majority of Court of Appeal erred in finding power in s 27QE Limitation of Actions Act not enlivened unless claimant establishes that limitation or Ellis defence had material impact on or was leading factor in decision to settle – whether Court of Appeal misapplied correctness standard of appellate review in Warren v Coombs (1979) 142 CLR 531.
Documents*
05/09/2024 Determination (SLA, Canberra)
19/09/2024 Notice of appeal
24/10/2024 Written submissions (Appellant)
24/10/2024 Chronology (Appellant)
21/11/2024 Written submissions (Respondent)
12/12/2024 Reply
13/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
13/02/2025 Outline of oral argument (Appellant)
13/02/2025 Outline of oral argument (Respondent)
09/04/2025 Judgment (Judgment summary)
La Perouse Local Aboriginal Land Council ABN 89136607167 & Anor v. Quarry Street Pty Ltd ACN 616184117 & Anor
Case No.
S121/2024
Case Information
Lower Court Judgment
10/05/2024 Supreme Court of New South Wales (Court of Appeal) (White, Adamson, Stern JJA)
Catchwords
Land law – indigenous land rights – Aboriginal Land Rights Act 1983 (NSW), s 36 – claimable Crown land – where second respondent Minister proved in part an Aboriginal land claim in relation to Crown Land in Paddington – where first respondent lessee of site described as “Paddington Bowling Club” but site fallen into disuse other than “oral sublease” over small portion of land – where land subject to reservation of Crown land under s 87 Crown Lands Act 1989 (NSW) for use as community and sporting club facilities and tourist facilities and services – where first respondent unsuccessfully sought judicial review of Minister’s decision to approve claim – where Court of Appeal allowed appeal – where Court of Appeal found land being “used” for purposes of s 36(1) of Aboriginal Land Rights Act such that land was not “claimable Crown land” – whether Court of Appeal erred in finding Minister required to find land was “claimable Crown land” – whether concept of “use” in s 36(1)(b) requires examination of activities on claimed land as opposed to away from or in relation to claimed land – whether definition of “land” in s 4(1) has result that “use” of “any estate or interest” in respect of land either individually or cumulatively will satisfy s 36(1)(b) – whether leasing of land by Crown a “use” within s 36()(b).
Documents*
05/09/2024 Determination (SLA, Canberra)
19/09/2024 Notice of appeal
24/10/2024 Written submissions (Appellants)
24/10/2024 Chronology (Appellants)
21/11/2024 Written submissions (First Respondent)
02/12/2024 Written submissions (Second Respondent)
06/12/2024 Reply (First Respondent)
12/12/2024 Reply (Appellants)
13/03/2025 Hearing (Full Court, Canberra)
13/03/2025 Outline of oral argument (Appellants)
13/03/2025 Outline of oral argument (First Respondent)
13/03/2025 Outline of oral argument (Second Respondent)
Forestry Corporation of New South Wales v. South East Forest Rescue Incorporated INC9894030
Case No.
S120/2024
Case Information
Lower Court Judgment
16/05/2024 Supreme Court of New South Wales (Court of Appeal) (Adamson JA, Basten AJA , Griffiths AJA)
Catchwords
Civil procedure – standing – where respondent environmental organisation brought civil enforcement proceedings seeking injunctive and declaratory relief against respondent in relation to certain forestry operations on basis of impact on three species of glider – where primary judge found respondent lacked standing because of no “special interest” in subject matter – where Court of Appeal set aside decision on basis that clear language required to abrogate or curtail fundamental rights – whether Court of Appeal erred in concluding that on proper construction of Forestry Act 2012 (NSW), ss 69SB and 69ZA and Biodiversity Conservation Act 2016 (NSW), ss 13, 14 and 13.14A private entities have standing to bring civil enforcement proceedings for alleged breach of integrated forestry operations agreement – whether there is presumption of standing to bring proceedings for alleged breach by third party where private person or entity has “special interest” unless abrogated by statute.
Documents*
05/09/2024 Determination (SLA, Canberra)
19/09/2024 Notice of appeal
24/10/2024 Written submissions (Appellant)
24/10/2024 Chronology (Appellant)
21/11/2024 Written submissions (Respondent)
10/12/2024 Amended written submissions (Respondent)
12/12/2024 Reply
12/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
12/02/2025 Outline of oral argument (Appellant)
12/02/2025 Outline of oral argument (Respondent)
09/04/2025 Judgment (Judgment summary)