Williams v. Wreck Bay Aboriginal Community Council & Anor
Case No.
C5/2018
Case Information
Lower Court Judgment
23/10/2017 Supreme Court of the Australian Capital Territory (Court of Appeal) (Murrell CJ, Burns J, Mossop J)
Catchwords
Interpretation – Concurrent operation – Where Council leased property to appellant under residential tenancy agreement – Where appellant commenced proceedings in ACT Civil and Administrative Tribunal seeking orders for repairs and compensation – Where Tribunal referred questions of law to Supreme Court for determination – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in concluding ACT laws retain subordinate status when applied to Jervis Bay Territory by force of s 4A of Jervis Bay Territory Acceptance Act 1915 (Cth) – Whether Court of Appeal erred in concluding ss 8 and 9 of Residential Tenancies Act 1997 (ACT) not capable of operating concurrently with Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth) such that ss 8 and 9 do not apply to “Aboriginal Land” for purposes of s 46 of Aboriginal Land Grant (Jervis Bay Territory) Act.
Documents
21/03/2018 Determination (SLA, Canberra)
04/04/2018 Notice of appeal
09/05/2018 Written submissions (Appellant)
09/05/2018 Chronology (Appellant)
06/06/2018 Written submissions (Second Respondent)
20/06/2018 Written submissions (First Respondent)
13/07/2018 Reply
12/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
12/09/2018 Outline of oral argument (Appellant)
12/09/2018 Outline of oral argument (First respondent)
12/09/2018 Outline of oral argument (Second respondent)
13/02/2019 Judgment (Judgment summary)
Commissioner of Taxation for the Commonwealth of Australia v. Tomaras & Ors
Case No.
B9/2018
Case Information
Lower Court Judgment
13/10/2017 Family Court of Australia (Thackray, Strickland & Aldridge JJ)
Catchwords
Interpretation – Crown immunity – Family Law Act 1975 (Cth) s 90AE – Presumption that statutory provisions expressed in general terms do not bind Crown – Where wife commenced proceedings against husband seeking alteration of property interests including order under s 90AE substituting husband for wife in respect of indebtedness to Commissioner – Where Full Family Court held s 90AE conferred power to make order – Whether Full Family Court erred in concluding presumption Crown not bound by statute did not apply in construction of s 90AE – If yes, whether Full Family Court erred in concluding presumption would have been rebutted – Whether Full Family Court erred in failing to conclude neither Commissioner nor Commonwealth “creditor” or “third party” for purposes of s 90AE.
Documents
23/03/2018 Hearing (SLA, Sydney)
05/04/2018 Notice of appeal
11/05/2018 Written submissions (Appellant)
11/05/2018 Chronology (Appellant)
18/06/2018 Written submissions (Respondents)
09/07/2018 Reply (Appellant)
10/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/08/2018 Outline of oral argument (Appellant)
10/08/2018 Outline of oral argument (Respondents)
13/12/2018 Judgment (Judgment summary)
Clubb v. Edwards & Anor
Case No.
M46/2018
Related matter:
H2/2018 - Preston v. Avery & Anor
Case Information
Catchwords
Constitutional law – Implied freedom of political communication – Public Health and Wellbeing Act 2008 (Vic) s 185D – Where s 185D prohibits engaging in “prohibited behaviour” within “safe access zone” – Where “prohibited behaviour” defined to include “communicating by any means in relation to abortions in a manner that is able to be seen or heard by a person accessing, or attempting to access, or leaving premises at which abortions are provided and is reasonably likely to cause distress or anxiety” – Where appellant convicted of charge under s 185D in Magistrates’ Court – Whether 185D impermissibly burdens implied freedom of political communication.
Documents*
23/03/2018 Hearing (Single Justice, Melbourne V/link Adelaide and Hobart)
03/04/2018 Cause removed
04/04/2018 Notice of constitutional matter (Ms Clubb)
11/05/2018 Written submissions (Attorney-General for the State of Victoria)
11/05/2018 Chronology (Attorney-General for the State of Victoria)
18/05/2018 Written submissions (Ms Edwards)
18/05/2018 Chronology (Ms Edwards)
25/05/2018 Written submissions (Attorney-General of the Commonwealth intervening)
25/05/2018 Written submissions (Attorney-General for the State of New South Wales intervening)
25/05/2018 Written submissions (Attorney-General of the State of Queensland intervening)
25/05/2018 Written submissions (Attorney-General for the State of Western Australia intervening)
25/05/2018 Written submissions (Attorney-General for the State of South Australia intervening)
25/05/2018 Written submissions (Human Rights Law Centre seeking leave to appear as amicus curiae)
25/05/2018 Written submissions (Castan Centre for Human Rights Law seeking leave to appear as amicus curiae)
25/05/2018 Written submissions (Fertility Control Clinic seeking leave to intervene or appear as amicus curiae)
08/06/2018 Written submissions (Ms Clubb)
22/06/2018 Reply (Attorney-General for the State of Victoria)
22/06/2018 Reply (Ms Edwards)
28/08/2018 Order granting leave to appear as amicus curiae limited to the written submissions
31/08/2018 Written submissions (Access Zone Action Group seeking leave to appear as amicus curiae)
12/09/2018 Hearing (Single Justice, Canberra)
08/10/2018 Supplementary written submissions (Ms Clubb)
09/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
09/10/2018 Outline of oral argument (Ms Clubb)
09/10/2018 Outline of oral argument (Ms Edwards)
09/10/2018 Outline of oral argument (Attorney-General for the State of Victoria)
10/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/10/2018 Outline of oral argument (Attorney-General of the Commonwealth intervening)
11/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2018 Outline of oral argument (Attorney-Genearl of the State of Queensland intervening)
11/10/2018 Outline of oral argument (Attorney-General for the State of South Australia intervening)
11/10/2018 Outline of oral argument (Attorney-General for the State of Western Australia intervening)
11/10/2018 Outline of oral argument (Attorney-General for the State of New South Wales intervening)
10/04/2019 Judgment (Judgment summary)
Preston v. Avery & Anor
Case No.
H2/2018
Related matter:
M46/2018 – Clubb v. Edwards & Anor
Case Information
Catchwords
Constitutional law – Implied freedom of political communication – Reproductive Health (Access to Termination) Act 2013 (Tas) s 9(2) – Where s 9(2) prohibits protest in relation to terminations that is able to be seen or heard by person accessing or attempting to access premises at which terminations provided – Where appellant convicted in Hobart Court of Petty Sessions of contraventions of s 9(2) – Whether s 9(2) impermissibly burdens implied freedom of political communication.
Documents*
23/03/2018 Hearing (Single Justice, Melbourne V/link Adelaide and Hobart)
05/04/2018 Cause removed
06/04/2018 Amended notice of appeal
06/04/2018 Notice of Constitutional Matter (Mr Preston)
06/07/2018 Written submissions (Mr Preston)
06/07/2018 Chronology (Mr Preston)
20/07/2018 Written submissions (Liberty Works Inc seeking leave to be heard as amicus curiae)
03/08/2018 Written submissions (Ms Avery & Mr Wilkie)
10/08/2018 Written submissions (Attorney-General of the Commonwealth intervening)
10/08/2018 Written submissions (Attorney-General for the State of New South Wales intervening)
10/08/2018 Written submissions (Attorney-General of the State of Queensland intervening)
10/08/2018 Written submissions (Attorney-General for the State of Victoria intervening)
10/08/2018 Written submissions (Attorney-General for the Northern Territory intervening)
10/08/2018 Written submissions (Attorney-General for the State of Western Australia intervening)
17/08/2018 Reply
28/08/2018 Order granting leave to appear as amicus curiae on written submissions
08/10/2018 Supplementary written submissions (Mr Preston)
09/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
09/10/2018 Outline of oral argument (Mr Preston)
10/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/10/2018 Outline of oral argument (Ms Avery & Mr Wilkie)
10/10/2018 Outline of oral argument (Attorney-General of the Commonwealth intervening)
11/10/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2018 Outline of oral argument (Attorney-General of the State of Queensland intervening)
11/10/2018 Outline of oral argument (Attorney-General for the State of South Australia intervening)
11/10/2018 Outline of oral argument (Attorney-General for the State of Western Australia intervening)
11/10/2018 Outline of oral argument (Attorney-General for the State of New South Wales intervening)
11/10/2018 Outline of oral argument (Attorney-General for the Northern Territory intervening)
19/10/2018 Supplementary submissions (Mr Preston)
24/10/2018 Supplementary submissions (Ms Avery & Mr Wilkie)
10/04/2019 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: The Queen v. Falzon
Date: 19 April 2018
Transcript: Hearing
AV time: 1h 07m
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