The Queen v. Afford
Case No.
M144/2016
Case Information
Lower Court Judgment
4/03/2016 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Priest and Beach JJA)
Catchwords
Criminal law – Criminal Code (Cth) s 307.1 – Intention – Factual inferential reasoning – Application of Kural v The Queen (1987) 162 CLR 502 – Whether “awareness of the likelihood” can be used to establish intention under the Criminal Code (Cth).
Documents
14/10/2016 Hearing (SLA, Sydney)
26/10/2016 Notice of appeal
18/11/2016 Written submissions (Appellant)
18/11/2016 Chronology (Appellant)
12/12/2016 Written submissions (Respondent)
21/12/2016 Reply
28/02/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
10/05/2017 Judgment (Judgment summary)
Rizeq v. The State of Western Australia
Case No.
P55/2016
Case Information
Lower Court Judgment
24/08/2015 Supreme Court of Western Australia (Court of Appeal) (McLure P, Mazza JA, Chaney J)
Catchwords
Constitutional law – s 80 of the Constitution – Judiciary Act 1903 (Cth) – Where appellant was a resident of NSW – Where appellant was charged and convicted for drug offences in Western Australia under the Misuse of Drugs Act 1981 (WA) – Where appellant was convicted by majority - Whether sections of the Misuse of Drugs Act 1981 (WA) were picked up and applied as Commonwealth Law under s 79(1) of the Judiciary Act 1903 (Cth) – Whether s 80 of the Constitution applied to the appellants trial.
Documents
07/10/2016 Hearing (SLA, Canberra v/link Perth)
21/10/2016 Notice of appeal
28/10/2016 Notice of Constitutional Matter
11/11/2016 Written submissions (Appellant)
11/11/2016 Chronology (Appellant)
15/11/2016 Hearing (Single Justice, Melbourne v/link Perth)
09/12/2016 Written submissions (Respondent)
16/12/2016 Written submissions (Attorney-General of the Commonwealth intervening)
16/12/2016 Written submissions (Attorney-General for the State of New South Wales intervening)
16/12/2016 Written submissions (Attorney-General of the State of Queensland intervening)
16/12/2016 Written submissions (Attorney-General for the State of Tasmania intervening)
16/12/2016 Written submissions (Attorney-General for the State of Victoria intervening)
16/12/2016 Written submissions (Attorney-General for the State of South Australia intervening)
23/12/2016 Reply
01/02/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
02/02/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
21/06/2017 Judgment (Judgment summary)
Bondelmonte v. Bondelmonte & Anor
Case No.
S247/2016
Case Information
Lower Court Judgment
8/04/2016 Family Court of Australia (Ryan, Aldridge, le Poer Trench JJ)
Catchwords
Family law – Children – Parenting orders – Family Law Act 1975 (Cth) – Where children retained in United States after travelling there for a holiday – Where retention in breach of order for equal shared parental responsibility – Where the father appeals against interim orders which require him to return the children to Sydney pending determination of whether the children are permitted to relocate to the United States – Where children, aged almost 15 and almost 17, express desire to stay in the United States – Whether the trial judge failed to consider and evaluate the relevant statutory considerations – Whether the trial judge gave adequate weight to the views expressed by the children – Consideration of living arrangements on the children’s return – Whether the orders made by the primary judge were in the best interests of the children – Whether trial judge was required to make further findings before issuing parenting order.
Documents
14/10/2016 Hearing (SLA, Sydney)
25/10/2016 Notice of appeal
10/11/2016 Submitting appearance (First Respondent)
17/11/2016 Written submissions (Appellant)
14/11/2016 Chronology (Appellant)
25/11/2016 Written submissions (Second Respondent)
02/12/2016 Reply
13/12/2016 Hearing (Full Court, Canberra)
01/03/2017 Judgment (Judgment summary)
Air New Zealand Ltd v. Australian Competition and Consumer Commission
Case No.
S245/2016
Related matter:
S248/2016 – PT Garuda Indonesia Ltd v. Australian Competition and Consumer Commission
Case Information
Lower Court Judgment
31/03/2016 Federal Court of Australia (Dowsett J, Yates J, Edelman J)
Catchwords
Competition – Trade Practices Act 1974 (Cth) – Price fixing – s 4E of the Trade Practices Act 1974 (Cth) – Meaning of a market “in Australia” – Whether markets for airborne cargo out of Hong Kong, Singapore and Indonesia to ports in Australia were markets “in Australia”.
Documents
14/10/2016 Hearing (SLA, Sydney)
21/10/2016 Notice of appeal
18/11/2016 Written submissions (Appellant)
18/11/2016 Chronology (Appellant)
09/12/2016 Written submissions (Respondent)
19/12/2016 Reply
02/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
03/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/06/2017 Judgment (Judgment summary)
Ecosse Property Holdings Pty Ltd v. Gee Dee Nominees Pty Ltd
Case No.
M143/2016
Case Information
Lower Court Judgment
4/03/2016 Supreme Court of Victoria (Court of Appeal) (Santamaria, Kyrou and McLeish JJA)
Catchwords
Contract law – Construction of contract – Long term farm lease – Where planning scheme restrictions prevented freehold sale – Where parties entered into 99 year lease for total rental of $70,000 paid in full at commencement of lease – Where clause 13 referred to intention of lessor to sell and lessee to purchase freehold for consideration of $70,000 – Where clause 4 provided that lessee to pay “all rates taxes assessments and outgoings whatsoever excepting land tax … payable by the Landholder or tenant” – Whether the Court should consider parties mutual subjective intention when constructing a contract.
Documents
07/10/2016 Hearing (SLA, Canberra v/link Melbourne)
20/10/2016 Notice of appeal
04/11/2016 Written submissions (Appellant)
04/11/2016 Chronology (Appellant)
21/11/2016 Written submissions (Respondent)
25/11/2016 Reply
14/12/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
29/03/2017 Judgment (Judgment summary)