Audio-visual recordings of Full Court hearings heard in Canberra
Case: KARPIK V CARNIVAL PLC ARBN 107 998 443 & ANOR
Date: 03 August 2023
Transcript: Hearing
AV time: 4h 33m
You accept the terms of use (below) by playing this audio-visual recording.
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: Real Estate Tool Box Pty Ltd & Ors v Campaigntrack Pty Ltd & Anor
Date: 01 August 2023
Transcript: Hearing
AV time: 4h 18m
You accept the terms of use (below) by playing this audio-visual recording.
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.
Lesianawai v. Minister for Immigration, Citizenship and Multicultural Affairs
Case No.
Case no S12/2023
Case Information
Catchwords
Immigration – Cancellation of Class BF 154 Transitional (Permanent) visa ("visa") – Character test – Plaintiff charged with offences before Children's Court – Misunderstanding of law – Irrelevant considerations – Where between 1996 and 1998, plaintiff found guilty by Children's Court of New South Wales of various offences – Where in 2010 plaintiff sentenced to terms of imprisonment for armed robbery offences – Where on 9 October 2013 delegate of defendant cancelled plaintiff's visa under s 501(2) of Migration Act 1958 (Cth) – Where there has been no merits review because plaintiff did not lodge application with Administrative Appeals Tribunal within prescribed time limits – Where proceedings were held in abeyance pending judgment in Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Thornton [2023] HCA 17 – Whether defendant acted on misunderstanding of law by treating plaintiff's sentences between 1996 and 1998 as criminal convictions – Whether defendant took into account irrelevant consideration by having regard to plaintiff's offences between 1996 and 1998 and treating such conduct as criminal offending.
Documents*
10/02/2023 Application for Constitutional or other writs
13/02/2023 Hearing (Single Justice, Canberra by video connection)
14/02/2023 Order
14/07/2023 Order referring matter to the Full Court
04/08/2023 Written submissions (amended) (Plaintiff)
24/08/2023 Written submissions (Defendant)
31/08/2023 Reply
16/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
16/11/2023 Outline of oral argument (Plaintiff)
16/11/2023 Outline of oral argument (Defendant)
06/03/2024 Judgment (Judgment summary)
Xerri v. The King
Case No.
Case no S76/2023
Case Information
Lower Court Judgment
12/11/2021 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell P, Price & Hamill JJA)
Catchwords
Sentence – Maximum penalty – Where appellant sentenced in respect of offence of persistent sexual abuse of child contrary to s 66EA(1) of Crimes Act 1900 (NSW) – Where maximum penalty at time of sentence was life imprisonment and a discounted sentence was assessed on that basis – Where maximum penalty at time of offending was 25 years imprisonment – Where s 66EA repealed and reconstituted by Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW) – Where s 19(1) of Crimes (Sentencing Procedure) Act 1999 (NSW) provides if Act increases penalty for offence, increased penalty applies only to offences committed after commencement of provision of Act increasing penalty – Where majority of NSW Court of Criminal Appeal held it correct for appellant to be sentenced on basis that maximum penalty life imprisonment – Whether maximum penalty life imprisonment or 25 years for purposes of sentencing – Whether s 66EA of Crimes Act, as amended, a "new offence" or existing offence that has been reformulated, refined and improved – Whether s 19(1) of Crimes (Sentencing Procedure) Act precludes retrospective application of increased maximum penalty for offence without express provision in offence as to disapplication of s 19(1).
Documents*
16/06/2023 Hearing (SLA, Canberra by video connection)
30/06//2023 Notice of appeal
07/08/2023 Written submissions (Appellant)
04/08/2023 Chronology (Appellant)
01/09/2023 Written submissions (Respondent)
15/09/2023 Reply
18/10/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
18/10/2023 Outline of oral argument (Appellant)
18/10/2023 Outline of oral argument (Respondent)
06/03/2024 Judgment (Judgment summary)
The King v. Anna Rowan – A Pseudonym
Case No.
Case no M47/2023
Case Information
Lower Court Judgment
28/10/2022 Supreme Court of Victoria (Court of Appeal) (Kyrou, McLeish & Niall JJA)
Catchwords
Criminal law – Defence of duress – Duress of circumstances – Where respondent charged with indecent act with children under 16, and incest – Where respondent mother of two complainants – Where respondent, at time of alleged offending, residing with partner ("JR"), father of complainants, who also convicted of sexual offences against complainants – Where respondent sought to raise defence of duress, relying on report recording JR's controlling behaviour towards, and physical and sexual abuse of, respondent – Where, during periods covered by alleged offences, defence of duress covered by common law and then s 322O of Crimes Act 1958 (Vic) – Whether law of duress applies in case of duress of circumstances, namely where accused has not been in receipt of specific threat enjoining them to engage in criminal act or suffer consequences, but accused still reasonably fears that if they do not commit criminal act they will suffer such consequences.
Documents*
16/06/2023 Hearing (SLA, Canberra and by video-connection)
26/06/2023 Notice of appeal
04/08/2023 Written submissions (Appellant)
04/08/2023 Chronology (Appellant)
01/09/2023 Written submissions (Respondent)
15/09/2023 Reply
14/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
14/11/2023 Outline of oral argument (Appellant)
14/11/2023 Outline of oral argument (Respondent)
13/03/2024 Judgment (Judgment summary)