Audio-visual recordings of Full Court hearings heard in Canberra
Case: Blank v. Commissioner of Taxation
Date: 23 August 2016
Transcript: Hearing
AV time: 4h 30m
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ResourceCo Material Solutions Pty Ltd & Anor v. State of Victoria & Anor
Case No.
M32/2016
Case Information
Catchwords
plaintiffs operate in national waste collection, recycling and disposal industry - contract to dispose of contaminated soil in Victoria by transporting to and disposing of in South Australia - 2nd plaintiff obtained approval from Environment Protection Authority South Australia for treatment of soil in South Australia - 1st plaintiff sought approval from Environment Protection Victoria for transport of waste from Victoria to South Australia - approval refused - EPA Vic not satisfied waste would be deposited at facility in SA with better environmental performance standards than in Vic - whether reg 26 or 26(3) Environment Protection (Industrial Waste Resource) Regulations 2009 (Vic) contrary to s92 Commonwealth Constitution and therefore invalid - whether refusal decision contrary to s92 Commonwealth Constitution and therefore invalid or ultra vires the Regulations
Documents*
02/03/2016 Writ of summons
03/03/2016 Notice of constitutional matter (Plaintiffs)
25/05/2016 Hearing (Single Justice, Melbourne)
07/07/2016 Hearing (Single Justice, Melbourne)
22/07/2016 Hearing (Single Justice, Melbourne)
16/08/2016 Demurrer (Plaintiffs)
17/10/2016 Written submissions (Plaintiffs)
14/11/2016 Written submissions (First Defendant)
21/11/2016 Written submissions (Attorney-General of the Commonwealth of Australia intervening)
21/11/2016 Written submissions (Attorney-General of the State of Queensland intervening)
21/11/2016 Written submissions (Attorney-General for the State of Western Australia intervening)
21/11/2016 Written submissions (Attorney-General for the State of South Australia intervening)
22/11/2016 Written submissions (Attorney-General for the State of New South Wales intervening)
05/12/2016 Reply
01/02/2017 Hearing (Full Court, Canberra) - VACATED
09/10/2017 Notice of Discontinuance (Plaintiffs)
*The due dates shown for documents on this page are indicative only.
The Queen v. Kilic
Case No.
M105/2016
Case Information
Lower Court Judgment
8/12/2015 Supreme Court of Victoria (Court of Appeal) (Redlich & Whelan JJA)
Catchwords
Criminal law – Sentencing – Where respondent doused victim with petrol and set her alight – Where respondent pleaded guilty to intentionally causing serious injury – Where offence carries a maximum of 20 years imprisonment – Where respondent was sentenced to 14 years for primary offence – Where Court of Appeal found that the sentence was manifestly excessive – Where Court of Appeal reduced sentence – Principles regarding the review of sentencing.
Documents
28/07/2016 Hearing (SLA, Brisbane v/link Melbourne)
11/08/2016 Notice of appeal
01/09/2016 Written submissions (Appellant)
01/09/2016 Chronology (Appellant)
22/09/2016 Written submissions (Respondent)
04/10/2016 Reply (Appellant)
06/10/2016 Reply (Respondent)
13/10/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
07/12/2016 Judgment (Judgment Summary)
Elecnet (Aust) Pty Ltd (as Trustee for the Electrical Industry Severance Scheme) v. Commissioner of Taxation of the Commonwealth of Australia
Case No.
M104/2016
Case Information
Lower Court Judgment
14/12/2015 Federal Court of Australia (Jessup J, Pagone J & Edelman J)
Catchwords
Taxation – Statutory construction – “Unit trust” – Meaning of a “unit trust” within Division 6C of Income Tax Assessment Act 1936 (Cth) – Whether definition of “unit for the purposes of a “prescribed trust estate” can inform the meaning of a “unit trust” – Whether Electrical Industry Severance Scheme is a unit trust.
Documents
28/07/2016 Hearing (SLA, Brisbane v/link Melbourne)
11/08/2016 Notice of appeal
01/09/2016 Written submissions (Appellant)
01/09/2016 Chronology (Appellant)
22/09/2016 Written submission (Respondent)
04/10/2016 Reply
11/10/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
21/12/2016 Judgment (Judgment summary)
Southern Han Breakfast Point Pty Ltd (in Liquidation) v. Lewence Construction Pty Ltd & Ors
Case No.
S199/2016
Case Information
Lower Court Judgment
25/09/2015 Supreme Court of New South Wales (Court of Appeal) (Ward JA, Emmett JA, Sackville AJA)
Catchwords
Administrative law – Jurisdictional error – Reference date – Whether the existence of a reference date in s 8 of the Building and Construction Industry Security of Payment Act 1999 (NSW) to support a payment claim is a jurisdictional fact.
Documents
28/07/2016 Hearing (SLA, Brisbane)
10/08/2016 Notice of appeal
30/08/2016 Submitting Appearance (Second Respondent)
30/08/2016 Submitting Appearance (Third Respondent)
01/09/2016 Written submissions (Appellant)
01/09/2016 Chronology (Appellant)
22/09/2016 Written submissions (First Respondent)
04/10/2016 Reply
12/10/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
21/12/2016 Judgment (Judgment summary)