Audio-visual recordings of Full Court hearings heard in Canberra
Date: 14 March 2018
Transcript: Hearing
AV time: 3h 58m
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: Minister for Immigration and Border Protection v. SZVFW & Ors
Date: 13 March 2018
Transcript: Hearing
AV time: 1h 38m
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.
Mighty River International Limited v. Hughes & Ors
Mighty River International Limited v. Mineral Resources Limited & Ors
Case No.
P7/2018, P8/2018
Case Information
Lower Court Judgment
11/08/2017 Supreme Court of Western Australia (Court of Appeal) (Buss P, Murphy and Beech JJA)
Catchwords
Corporations – Deed of company arrangement – Corporations Act 2001 (Cth) ss 444A, 445G – Where company entered into deed of company arrangement – Where cl 8 provided no property of company available for distribution to creditors – Where appellant brought proceedings seeking declaration deed void or order setting deed aside – Where Supreme Court made declaration under s 445G(2) deed not void – Where Court of Appeal dismissed appeal – Whether Court of Appeal erred in holding deed complied with mandatory requirements of s 444A(4)(b) – Whether Court of Appeal erred in failing to hold deed void or invalid pursuant to s 445G(2).
Documents
16/02/2018 Hearing (SLA, Canberra)
02/03/2018 Notice of appeal
06/04/2018 Written submissions - P7/2018(Appellant)
06/04/2018 Chronology - P7/2018 (Appellant)
06/04/2018 Written submissions - P8/2018 (Appellant)
06/04/2018 Chronology - P8/2018 (Appellant)
04/05/2018 Written submissions - P7/2018 (Respondents)
04/05/2018 Written submissions - P8/2018 (First Respondent)
04/05/2018 Written submissions - P8/2018 (Second and Third Respondents)
25/05/2018 Reply - P7/2018 (Appellant)
25/05/2018 Reply - P8/2018 (Appellant)
19/06/2018 Hearing (Full Court, Perth) - orders pronounced dismissing appeals with costs.
19/06/2018 Outline of oral argument (Appellant)
19/06/2018 Outline of oral argument - P7/2018 (Respondents)
19/06/2018 Outline of oral argument - P8/2018 (First Respondent)
12/09/2018 Judgment (Judgment summary)
Commissioner of State Revenue v. Placer Dome Inc
Case No.
P6/2018
Case Information
Lower Court Judgment
11/09/2017 Supreme Court of Western Australia (Court of Appeal) (Martin CJ, Buss J, Murphy JA)
Catchwords
Stamp duty – Stamp Act 1921 (WA) s 76ATI – Assessment – Acquisition of shares – Where Commissioner assessed stamp duty payable for share acquisition on basis value of respondent’s land was value of all respondent’s property less value of “non-land assets” – Where Tribunal affirmed Commissioner’s decision – Where Court of Appeal allowed appeal on basis Tribunal failed to distinguish between value of respondent’s land and value of respondent’s business – Whether Court of Appeal erred in holding Tribunal erred in failing to apply “conventional Spencer principles” in valuing land – Whether Court of Appeal erred in concluding evidence supported finding respondent’s business had material goodwill.
Documents
16/02/2018 Hearing (SLA, Canberra)
02/03/2018 Notice of appeal
06/04/2018 Written submissions (Appellant)
06/04/2018 Chronology (Appellant)
04/05/2018 Written submissions (Respondent)
25/05/2018 Reply (Appellant)
25/05/2018 Amended Chronology
18/06/2018 Hearing (Full Court, Perth)
18/06/2018 Outline of oral argument (Appellant)
18/06/2018 Outline of oral argument (Respondent)
05/12/2018 Judgment (Judgment summary)
Minister for Immigration and Border Protection v. SZMTA & Anor
Case No.
S36/2018
Case Information
Lower Court Judgment
5/09/2017 Federal Court of Australia (White J)
Catchwords
Migration – Procedural fairness – Migration Act 1958 (Cth) s 438(2) – Where first respondent applied for Protection (Class XA) visa – Where application refused by delegate – Where first respondent applied to Administrative Appeals Tribunal for review of decision – Where delegate notified Tribunal s 438(2)(a) applied to certain documents because given in confidence to Minister or Department – Where Tribunal did not inform first respondent of notification – Where copies of documents previously provided to first respondent – Where Federal Circuit Court dismissed application for judicial review – Where Federal Court allowed appeal on basis Tribunal denied first respondent procedural fairness – Whether Federal Court erred in relying on possibility Tribunal may not have had regard to certain information because of notification under s 438(2) in finding Tribunal denied first respondent procedural fairness – Whether Federal Court erred in holding Tribunal denied first respondent procedural fairness in circumstances where documents in possession of first respondent prior to Tribunal hearing.
Documents
16/02/2018 Hearing (SLA, Brisbane)
01/03/2018 Notice of appeal
06/04/2018 Written submissions (Appellant)
06/04/2018 Chronology (Appellant)
04/05/2018 Written submissions (Respondent)
25/05/2018 Reply (Appellant)
10/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
10/09/2018 Outline of oral argument (Appellant)
10/09/2018 Outline of oral argument (Respondent)
13/02/2019 Judgment (Judgment summary)