Ancient Order of Foresters in Victoria Friendly Society Limited v. Lifeplan Australia Friendly Society Limited & Anor
Case No.
A37/2017
Case Information
Lower Court Judgment
12/05/2017 Federal Court of Australia (Allsop CJ, Middleton J, Davies J)
16/06/2017 Federal Court of Australia (Allsop CJ, Middleton J, Davies J)
Catchwords
Equity – Account of profits – Corporations Act 2001 (Cth) ss 181-183, 1317H – Where appellant employed former employees of respondents – Where respondents brought claim against appellant for knowing assistance in former employees’ breaches of contractual and fiduciary duties and duties of confidence and involvement in contraventions of ss 181-183 – Where primary judge held appellant knowingly participated in breaches of fiduciary duties and duties of confidence but dismissed claim for account of profits on basis no profits attributable to use of confidential information or breaches of duties – Where Full Court held sufficient causal connection established and awarded account of profits in equity – Where Full Court also held facts constituting knowing participation amounted to involvement in contraventions of ss 181-183 and made same order for account of profits under s 1317H – Whether Full Court erred in finding sufficient causal connection – Whether Full Court erred in ordering account of profits calculated on basis of net present value of future potential profits where no profits actually made and without regard to accumulated losses incurred by appellant.
Documents
20/10/2017 Hearing (SLA, Melbourne)
03/11/2017 Notice of appeal
24/11/2017 Written submissions (Appellant)
24/11/2017 Chronology (Appellant)
21/12/2017 Written submissions (Respondent)
19/01/2018 Amended written submissions (Respondent)
08/02/2018 Reply (Appellant)
15/02/2018 Reply on cross appeal (Respondent)
12/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
12/04/2018 Outline of oral argument (Appellant)
12/04/2018 Outline of oral argument (Respondent)
10/10/2018 Judgment (Judgment Summary)
The Queen v. Falzon
Case No.
M161/2017
Case Information
Lower Court Judgment
5/04/2017 Supreme Court of Victoria (Court of Appeal) (Whelan, Priest and Beach JJA)
Catchwords
Criminal law – Evidence – Admissibility – Drug trafficking – Drugs, Poisons and Controlled Substances Act 1981 (Vic) ss 71AC, 72A – Where respondent convicted of cultivating commercial quantity of cannabis contrary to s 72A and trafficking drug of dependence contrary to s 71AC(1) – Where trial judge admitted evidence of cash secreted in various locations at respondent’s home as “indicia of trafficking” – Evidence Act 2008 (Vic) ss 55(1), 137 – Where majority of Court of Appeal held substantial miscarriage of justice because trial judge erred in admitting evidence of cash found at respondent’s home – Whether Court of Appeal erred in concluding substantial miscarriage of justice.
Documents
20/10/2017 Hearing (SLA, Melbourne)
03/11/2017 Notice of appeal
24/11/2017 Written submissions (Appellant)
24/11/2017 Chronology (Appellant)
09/03/2017 Written submissions (Respondent)
26/03/2018 Reply
19/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
19/04/2018 Outline of oral argument (Appellant)
19/04/2018 Outline of oral argument (Respondent)
08/08/2018 Judgment (Judgment summary)
Traljesic v. Bosnia and Herzegovina & Anor
Case No.
M160/2017
Case Information
Lower Court Judgment
28/04/2017 Federal Court of Australia (Griffiths, Perry and Bromwich JJ)
Catchwords
Extradition – Extradition objection – Interpretation – Extradition Act 1988 (Cth) s 7(c) – Where appellant convicted of two offences in Bosnia-Herzegovina and sentenced to term of imprisonment – Where appellant escaped from prison – Where Bosnia-Herzegovina sought extradition of appellant from Australia to serve remainder of sentence – Where magistrate determined appellant eligible for surrender and issued warrant under s 19(9) – Where appellant applied to Federal Court for review under s 21(1) – Where primary judge confirmed order – Where Full Court dismissed appeal – Whether Full Court erred in failing to find extradition objection – Whether person subjected to violence by other prisoners is “punished” for purposes of s 7(c).
Documents
20/10/2017 Hearing (SLA, Melbourne)
02/11/2017 Notice of appeal
10/11/2017 Notice of discontinuance
Audio-visual recordings of Full Court hearings heard in Canberra
Case: DWN042 v. Republic of Nauru
Date: 18 October 2017
Transcript: Hearing
AV time: 2h 37m
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Audio-visual recordings of Full Court hearings heard in Canberra
Date: 17 October 2017
Transcript: Hearing
AV time: 3h 27m
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.