Comcare v. Martin

Case No.

S142/2016

Case Information

Lower Court Judgment

30/11/2015 Federal Court of Australia (Siopis J, Flick J, Murphy J)

[2015] FCAFC 169

Catchwords

Workers compensation – The operation and exclusion in S5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – Causation of injury, disease or aggravation under the Act – Whether injury, disease or aggravation suffered ‘as a result of’ administrative action – Whether administrative action taken ‘in a reasonable manner’

Short particulars

Documents

16/05/2016 Hearing (SLA, Sydney)

27/05/2016 Notice of appeal

20/06/2016 Written submissions (Appellant)

20/06/2016 Chronology (Appellant)

11/07/2016 Written submissions (Respondent)

25/07/2016 Reply 

26/08/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

09/11/2016 Judgment (Judgment summary)

The Queen v. Baden-Clay

Case No.

B33/2016

Case Information

Lower Court Judgment

8/12/2015 Supreme Court of Queensland (Court of Appeal) (Holmes CJ, Fraser JA, Gotterson JA)

[2015] QCA 265

Catchwords

Criminal law – Where the respondent was convicted at trial of murdering his wife – Where the Court of Appeal set aside verdict of murder and substituted a verdict of manslaughter – Whether Court of Appeal decision is inconsistent with R v Ciantar (2006) 16 VR 26 – Whether the evidence raised an inference that the respondent killed his wife with intent to do her grievous bodily harm or to kill her – Whether evidence was capable of establishing motive relevant to the intention to kill.

Short Particulars

Documents

12/05/2016 Hearing (SLA, Canberra)

24/05/2016 Notice of appeal

10/06/2016 Written submissions (Appellant)

10/06/2016 Chronology (Appellant)

27/06/2016 Written submissions (Respondent)

08/07/2016 Reply

26/07/2016 Hearing (Full Court, Brisbane)

31/08/2016 Judgment (Judgment Summary)

Simic & Ors v. NSW Land and Housing Corporation & Ors

Case No.

S136/2016

Case Information

Lower Court Judgment

18/12/2015 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Ward JA, Emmett AJA)

[2015] NSWCA 413

Catchwords

Contract – Letters of credit – Whether a misdescription of the beneficiary of a bank guarantee entitled the bank to refuse to pay out the credit – Whether regard could be had to the underlying contract to confirm the correct description of the beneficiary – Autonomy principle – Principle of strict compliance.

Short Particulars

Documents

05/05/2016 Hearing (SLA, Canberra)

19/05/2016 Notice of appeal

09/06/2016 Written submissions (Appellants)

09/06/2016 Chronology (Appellants)

28/06/2016 Written submissions (Second Respondent)

30/06/2016 Written submissions (FIrst Respondent)

14/07/2016 Reply

20/07/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

07/12/2016 Judgment (Judgment Summary)

Hua Wang Bank Berhad v. Commissioner of Taxation

Case No.

S135/2016

Related Matter.

S134/2016 - Bywater Investment Limited & Ors v. Commissioner of Taxation

Case Information

Lower Court Judgment

11/12/2015 Federal Court of Australia (Robertson J, Pagone J, Davies J)

[2015] FCAFC 176

Catchwords

Income Tax – Whether company is resident of Australia – Place of central management and control – Real business – Relevant principles in determining place of central management and control –Profits from sale of shares – Trading stock – Construction of s 70-40(2) of the Income Tax Assessment Act 1997 (Cth)

Short particulars

Documents

05/05/2016 Hearing (SLA, Canberra)

19/05/2016 Notice of appeal

09/06/2016 Written submissions (Appellant)

09/06/2016 Chronology (Appellant)

30/06/2016 Written submissions (Respondents)

14/07/2016 Reply

24/08/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

25/08/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

16/11/2016 Judgment (Judgment summary)

Bywater Investments Limited & Ors v. Commissioner of Taxation

Case No.

S134/2016

Related Matter.

S135/2016 - Hua Wang Bank Berhard v. Commissioner of Taxation

Case Information

Lower Court Judgment

11/12/2015 Federal Court of Australia (Robertson J, Pagone J, Davies J)

[2015] FCAFC 176

Catchwords

Income Tax – Whether company is resident of Australia – Place of central management and control – Real business – Relevant principles in determining place of central management and control –Construction of s 70-40(2) of the Income Tax Assessment Act 1997 (Cth)

Short particulars

Documents

05/05/2016 Hearing (SLA, Canberra)

19/05/2016 Notice of appeal

09/06/2016 Written submissions (Appellants)

09/06/2016 Chronology (Appellants)

30/06/2016 Written submissions (Respondent)

14/07/2016 Reply

24/08/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

25/08/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

16/11/2016 Judgment (Judgment summary)

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