SZTAL v. Minister for Immigration and Border Protection & Anor
SZTGM v. Minister for Immigration and Border Protection & Anor
Case No.
S272/2016; S273/2016
Case Information
Lower Court Judgment
20/05/2016 Federal Court of Australia (Kenny J, Buchanan J, Nicholas J)
Catchwords
Migration – Statutory interpretation – Migration Act 1958 (Cth) – s 36(2)(aa), complementary protection criteria – Where appellants are nationals of Sri Lanka – Where appellants left Sri Lanka illegally – Where Tribunal accepted that it was likely that the appellants would be jailed upon return to Sri Lanka – Whether the Full Court of the Federal Court erred in holding that the requirement of international infliction of “cruel and inhuman treatment of punishment” or “degrading treatment or punishment” requires proof of a subjective intention.
Documents
16/11/2016 Hearing (SLA, Sydney)
30/11/2016 Notice of appeal
06/12/2016 Submitting appearance (Second Respondent)
21/12/2016 Written submissions (Appellants)
21/12/2016 Chronology (Appellants)
25/01/2017 Written submissions (First Respondent)
07/02/2017 Reply
05/04/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
06/09/2017 Judgment (Judgment summary)
IL v. The Queen
Case No.
S270/2016
Case Information
Lower Court Judgment
8/04/2016 Supreme Court of New South Wales (Court of Criminal Appeal) (Simpson JA, R A Hulme J, Bellew J)
Catchwords
Criminal law – Joint criminal enterprise – Where death caused by ignition of ring burner by deceased – Where evidence showed deceased and appellant had been involved in the production of prohibited drugs – Whether ignition of ring burner within criminal enterprise – Whether act “malicious” as required for constructive or felony murder under Crimes Act 1990 (NSW).
Documents
16/11/2016 Hearing (SLA, Sydney)
29/11/2016 Notice of appeal
21/12/2016 Written submissions (Appellant)
21/12/2016 Chronology (Appellant)
17/02/2017 Amended written submissions (Respondent)
28/02/2017 Reply
04/04/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
09/08/2017 Judgment (Judgment summary)
Pickering v. The Queen
Case No.
B68/2016
Case Information
Lower Court Judgment
6/05/2016 Supreme Court of Queensland (Court of Appeal) (Holmes CJ, Fraser J, Gotterson JJA)
Catchwords
Criminal law – Criminal Code (QLD) – Where jury found appellant guilty of manslaughter – Where appellant killed deceased whilst allegedly trying to avoid him – Whether application of s 31(1)(c) of the Criminal Code (QLD) was excluded by s 31(2).
Documents
16/11/2016 Hearing (SLA, Sydney v/link Brisbane)
24/11/2016 Notice of appeal
16/12/2016 Written submissions (Appellant)
16/12/2016 Chronology (Appellant)
25/01/2017 Written submissions (Respondent)
09/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
03/05/2017 Judgment (Judgment summary)
Forrest & Forrest Pty Ltd v. Wilson & Ors
Case No.
P59/2016
Case Information
Lower Court Judgment
7/07/2016 Supreme Court of Western Australia (Court of Appeal) (McLure P, Newnes JA, Murphy JA)
Catchwords
Mining law - Proper construction of s 74, s 74A and s 75 of Mining Act 1978 (WA) - Meaning of 'accompanied by' in s 74(1) - Whether lodgement of documents specified in s 74(1)(ca)(ii) a jurisdictional fact or a condition of validity - Whether failure to lodge mining operations statement a mandatory relevant consideration.
Documents
10/11/2016 Hearing (SLA, Canberra)
22/11/2016 Notice of appeal
24/11/2016 Submitting appearance (First respondent)
29/11/2016 Submitting appearance (Second to fourth respondents)
14/12/2016 Written submissions (Appellant)
14/12/2016 Chronology (Appellant)
06/02/2017 Hearing (Single Justice, Canberra v/link Perth)
01/03/2016 Written submissions (Second to fourth respondents)
01/03/2017 Written submissions (Attorney-General for the State of Western Australia appearing as amicus curiae)
10/03/2017 Reply
31/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
17/08/2017 Judgment (Judgment summary)
Talacko as representative of the Estate of J E Talacko v. Bennett & Ors
Case No.
M154/2016
Case Information
Lower Court Judgment
28/07/2016 Supreme Court of Victoria (Ashley, Priest & Santamaria JJA)
Catchwords
Appeal – Money judgment in Australian court – Judgment creditors’ wish to enforce judgment in foreign country – Two applications for certificate under s 15(1) Foreign Judgments Act 1991 (Cth) – Certificates issued, in different language – Judgment debtor bankrupt at time applications made – Judgment amount a ‘provable debt’ – Whether applications ‘duly made’ – Whether applications precluded by s 15(2) Foreign Judgments Act 1991 (Cth) on basis s 58(3) of Bankruptcy Act 1966 (Cth) operated as a ‘stay on enforcement of the judgment’ – Whether applications not ‘duly made’ on basis s 58(3)(a) or (b) precluded application for a certificate – Whether applications not ‘duly made’ because not supported by affidavit – Certificates declared invalid by trial judge – Foreign Judgments Act 1991 (Cth) s 15 – Bankruptcy Act 1966 (Cth) s 58(3) – Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 O 11 – Application for leave to appeal granted – Appeal allowed
Documents
10/11/2016 Hearing (SLA, Canberra)
23/11/2016 Notice of appeal
28/11/2016 Submitting appearance (Fourth Respondent)
15/12/2016 Written submissions (Appellant)
15/12/2016 Chronology (Appellant)
21/12/2016 Written submissions (First to Third Respondents)
04/01/2017 Reply
07/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
03/05/2017 Judgment (Judgment summary)