Director of Public Prosecutions v. Dalgliesh (a pseudonym)
Case No.
M1/2017
Case Information
Lower Court Judgment
29/06/2016 Supreme Court of Victoria (Court of Appeal) (Maxwell ACJ, Redlich and Beach JJA)
Catchwords
Criminal law – Sentencing – Where respondent convicted on several counts of incest and sexual penetration of a child under 16 – Where offending against daughters of de facto partner – Where 13-year-old victim fell pregnant – Where pregnancy subsequently terminated - Where total effective sentence 5y 6m – Where sentence 3y 6m on charge involving pregnancy – Whether sentence manifestly inadequate on current sentencing principles.
Documents
16/12/2016 Hearing (SLA, Canberra v/link Melbourne)
03/01/2017 Notice of appeal
27/01/2017 Written submissions (Appellant)
27/01/2017 Chronology (Appellant)
17/02/2017 Written submissions (Respondent)
03/03/2017 Reply
14/06/2017 Hearing (Full Court, Sydney)
11/10/2017 Judgment (Judgment Summary)
GAX v. The Queen
Case No.
B72/2016
Case Information
Lower Court Judgment
22/07/2016 Supreme Court of Queensland (Court of Appeal) (McMurdo P, Morrison JA, Atkinson J)
Catchwords
Criminal law – Where appellant was convicted of one count of indecently dealing with a child under the age of 16 years who was his lineal descendant – Where the complainant gave evidence that the appellant, her father, lay in bed with her and that his fingers were down near where her underwear was supposed to be – Where the complainant’s mother and sister also gave evidence of finding the appellant in bed with the complaint – Where there was some inconsistencies between the accounts of the complainant, the mother and the sister – Where majority of the Court of Appeal dismissed appeal – Whether majority of the Court of Appeal failed to make an independent assessment of the sufficiency and quality of the evidence.
Documents
16/12/2016 Hearing (SLA, Sydney v/link Brisbane)
22/12/2016 Notice of appeal
27/01/2017 Written submissions (Appellant)
27/01/2017 Chronology (Appellant)
16/02/2017 Written submissions (Respondent)
05/05/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
21/06/2017 Judgment (Judgment summary)
Esso Australia Pty Ltd v. The Australian Workers' Union
The Australian Workers' Union v. Esso Australia Pty Ltd
Case No.
M185/2016; M187/2016
Case Information
Lower Court Judgment
25/05/2016 Federal Court of Australia (Siopis J, Buchanan J, Bromberg J)
Catchwords
Industrial Law – Fair Work Act 2009 (Cth) – Construction of s 413(5) – Where s 413(5) requires that certain persons “must not have contravened any orders that apply to them” for industrial action to be protected – Whether under s 413(5) the contravention must be at the relevant time – Whether under s 413(5) the order must be operative.
Industrial Law – Fair Work Act 2009 (Cth) – Construction of ss 343 and 348 – Where sections prevent actions being taken against another person “with intent to coerce” the other person to take or not take industrial action – Whether sections require knowledge that action was unlawful.
Documents
16/12/2016 Hearing (SLA, Sydney)
23/12/2016 Notice of appeal
23/12/2016 Notice of contention (Respondent - AWU)
27/01/2017 Written submissions (Appellant - Esso)
27/01/2017 Written submissions (Appellant - AWU)
27/01/2017 Chronology (Appellant - Esso)
27/01/2017 Chronology (Appellant - AWU)
17/02/2017 Written submissions (Respondent - Esso)
17/02/2017 Written submissions (Respondent - AWU)
03/03/2017 Reply (Appellant - Esso)
03/03/2017 Reply (Appellant - AWU)
10/08/2017 Hearing - Esso, Hearing - AWU (Full Court, Brisbane)
06/12/2017 Judgment (Judgment summary)
Plaintiff S195/2016 v. Minister for Immigration and Border Protection (Cth) & Ors
Case No.
S195/2016
Case Information
Catchwords
Migration – Where plaintiff is citizen of Iran – Where plaintiff was an “unauthorised maritime arrival” – Where plaintiff is unwilling to return to Iran - Where plaintiff was sent to Papua New Guinea under regional processing arrangements – Where Papua New Guinea Supreme Court handed down Belden Norman Namah, MP Leader of the Opposition v Hon Rimbank Pato, Minister for Foreign Affairs & Immigrations SCA NO 84 of 2013 (“Namah Decision”) – Whether designation of Papua New Guinea as a regional processing country is beyond power of s 198AB(1) of Migration Act by reason of Namah Decision – Was taking of the plaintiff to Papua New Guinea beyond power of s 198AD of Migration by reason of Namah Decision.
Documents
05/08/2016 Application for an order to show cause
18/10/2016 Notice of constitutional matter (Plaintiff )
20/10/2016 Hearing (Single Justice, Sydney)
15/11/2016 Hearing (Single Justice, Sydney)
07/12/2016 Hearing (Single Justice, Canberra v/link to Sydney)
21/12/2016 Hearing (Single Justice, Melbourne v/link to Sydney)
14/03/2017 Special case
21/03/2017 Written submissions (Plaintiff)
21/03/2017 Chronology
07/04/2017 Written submissions (First and Second Defendants)
10/04/2017 Chronology (First and Second Defendants)
21/04/2017 Written submissions (Third Defendant)
21/04/2017 Chronology (Third Defendant)
28/04/2017 Reply
09/05/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
17/08/2017 Judgment (Judgment summary)
Brown & Anor v. The State of Tasmania
Case No.
H3/2016
Case Information
Catchwords
Constitutional Law – Implied freedom of political communication – Workplaces (Protection from Protesters) Act 2014 (Tas) – Where Forestry Tasmania was authorised to undertake forestry operations in the Lapoinya Forest – Where plaintiffs protested against forestry operations in vicinity of the operations – Where plaintiffs were charged on separate occasions for breaching s 8 of the Act – Where charges were dismissed against both plaintiffs – Whether plaintiffs have standing – Whether Act impermissibly burdens the implied freedom of political communication.
Documents
09/03/2016 Writ of summons
14/04/2016 Notice of constitutional matter (Plaintiffs)
07/07/2016 Hearing (Single Justice, Melbourne)
14/11/2016 Hearing (Single Justice, Melbourne v/link Hobart)
09/12/2016 Special case stated
13/12/2016 Order by consent referring special case stated to the Full Court
27/02/2017 Written submissions (Plaintiffs)
27/02/2017 Chronology
08/03/2017 Written submissions (Human Rights Law Centre seeking leave to appear as amicus curiae)
21/03/2017 Written submissions (Defendant)
27/03/2017 Written submissions (Attorney-General for the State of South Australia intervening)
28/03/2017 Written submissions (Attorney-General of the Commonwealth intervening)
28/03/2017 Written submissions (Attorney-General for the State of New South Wales intervening)
28/03/2017 Written submissions (Attorney-General of the State of Queensland intervening)
28/03/2017 Written submissions (Attorney-General for the State of Victoria intervening)
11/04/2017 Reply (Plaintiffs)
02/05/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
03/05/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
18/10/2017 Judgment (Judgment summary)