Bell Group N.V. (In Liquidation) ARBN 073 576 502 & Anor v. State of Western Australia
Case No.
S248/2015
Related Matters
P63/2015 W.A. Glendinning & Associates Pty Ltd v. The State of Western Australia
P4/2016 Maranoa Transport Pty Ltd (In Liq) & Ors v. State of Western Australia
Case Information
Catchwords
Constitution – s 109 – inconsistency – Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) (“Bell Group Act”) – Income Tax Assessment Act 1936 (Cth), Income Tax Assessment Act 1997 (Cth) and Tax Administration Act 1953 (Cth) – whether parts 3 & 4 of the Bell Group Act are inconsistent with the Commonwealth?s tax regime – Judiciary Act 1903 (Cth) – where Bell Group Act ends litigation in the Western Australian Supreme Court – where litigation involves federal jurisdiction – whether Bell Group Act is inconsistent with Judiciary Act 1903 (Cth) – whether the Bell Group Act is inconsistent with Ch III of the Constitution – Corporations Act 2001 (Cth) – whether Bell Group Act is inconsistent with Corporations Act 2001 (Cth) – whether ss 5F and 5G of the Corporations Act 2001 (Cth) operate to avoid any inconsistency with the Bell Group Act – whether Bell Group Act can be severed.
Documents
27/11/2015 Writ of summons
01/12/2015 Notice of constitutional matter (Plaintiffs)
16/12/2015 Hearing (Single Justice, Sydney v/link Perth)
08/02/2016 Hearing (Single Justice, Canberra v/links Perth and Sydney)
23/02/2016 Special Case Stated (Plaintiffs)
03/03/2016 Written submissions (Plaintiffs)
03/03/2016 Chronology (Plaintiffs)
08/03/2016 Proposed written submissions (Federal Commission of Taxation seeking leave to interevene)
23/03/2016 Written submissions (Defendant)
23/03/2016 Written submissions (Attorney-General for the State of New South Wales intervening)
23/03/2016 Written submissions (Attorney-General for the State of South Australia intervening)
23/06/2016 Written submissions (Attorney-General of the State of Queensland intervening)
23/06/2016 Written submissions (Attorney-General for the State of Tasmania intervening)
23/03/2016 Written submissions (Attorney-General for the State of Victoria intervening)
24/03/2016 Hearing (Single Justice, Sydney v/link to Perth)
29/03/2016 Substituted written submissions (Defendant)
30/03/2016 Written submissions (Attorney-General of the Commonwealth intervening)
01/04/2016 Reply (Plaintiffs)
01/04/2016 Reply (Defendant's reply to Commonwealth Attorney-General's submissions)
05/04/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
06/04/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
06/04/2016 Supplementary written submissions (Defendant)
07/04/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
16/05/2016 Judgment (Judgment summary)
Smith v. The Queen
Case No.
A22/2015
Related matters
A17/2015 Presley v. Director of Public Prosecutions for the State of South Australia
Case Information
Lower Court Judgment
28/04/2015 Supreme Court of South Australia (Court of Criminal Appeal) (Gray J, Sulan J & Blue J)
Catchwords
Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder and one count of aggravated causing of harm with two others – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder.
Documents*
16/10/2015 Application for special leave to appeal
12/02/2016 Hearing (SLA, Canberra v/link to Adelaide)
23/03/2016 Written submissions (Applicant)
23/03/2016 Chronology (Applicant)
13/04/2016 Written submissions (Respondent)
27/04/2016 Reply
10/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
11/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
24/08/2016 Judgment (Judgment summary)
Presley v. Director of Public Prosecutions for the State of South Australia
Case No.
A17/2015
Related matters
Case Information
Lower Court Judgment
28/04/2015 Supreme Court of South Australia (Court of Criminal Appeal) (Gray J, Sulan J, Blue J)
Catchwords
Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder – Where appellant plead guilty to one count of aggravated causing of harm with intent to cause harm – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder.
Documents
28/07/2015 Application for special leave to appeal
12/02/2016 Hearing (SLA, Canberra v/link to Adelaide)
23/03/2016 Written submissions (Applicant)
30/03/2016 Amended chronology
13/04/2016 Written submissions (Respondent)
27/04/2016 Reply
10/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
11/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
24/08/2016 Judgment (Judgment summary)
Cunningham & Ors v. Commonwealth of Australia & Anor
Case No.
S140/2015
Case Information
Catchwords
Constitution – s 51(xxxi) – Remuneration and Other Legislation Amendment Act 2011 (Cth) – Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth) – Acquisition of property on just terms – Where applicants are former members of the House of Representatives – Where applicants occupied positions as Ministers of State or where officeholders of the Parliament or of a House of Parliament – Where Parliament reduced the ‘retiring allowance’ of past members – Where Parliament restricted the number of return trips per year using the ‘Gold Pass’.
Documents
21/07/2015 Writ of summons
28/07/2015 Notice of constitutional matter (Plaintiffs)
04/08/2015 Submitting appearance (Second Defendant)
23/09/2015 Hearing (Single Justice, Sydney)
18/12/2015 Hearing (Single Justice, Sydney)
23/12/2015 Special case
11/03/2016 Written submissions (Plaintiffs)
11/03/2016 Chronology (Plaintiffs)
01/04/2016 Written submissions (First Defendant)
15/04/2016 Reply (Plaintiffs)
16/06/2016 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2016 Judgment (Judgment Summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Mok v. Director of Public Prosecutions (NSW)
Date: 11 February 2016
Transcript: Hearing
AV time: 1h 03m
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