Wellington Capital Limited v. Australian Securities & Investments Commission and Anor
Case No.
S275/2013
Case Information
Lower Court Judgment
28/05/2013 Federal Court of Australia (Jacobson J, Gordon J, Robertson J)
Catchwords
Corporations Law - Corporations Act 2001 (Cth) ("the Act") - Appellant responsible entity of registered scheme sold portion of managed investment scheme to listed company in return for entire issued share capital of that company - Appellant then distributed in specie to unit holders of fund in proportion to their holdings - Whether appellant was permitted to make an in specie distribution of shares to unit holders - Whether appellant's power to make distributions of income or capital in cash only limited general trustee powers outlined in Fund's constitution - Whether question must be approached through prism of trust law.
Corporations law - Membership - Whether unit holders had consented to becoming members of relevant corporation pursuant to s 231 of the Act by virtue of shares being transferred to them.
Equity - Equitable remedies - Whether Full Court erred in exercising discretion to grant purely declaratory relief.
Documents
08/11/2013 Hearing (SLA, Sydney)
22/11/2013 Notice of appeal
26/11/2013 Submitting appearance (Second Respondent)
13/12/2013 Written submissions (Appellant)
13/12/2013 Chronology (Appellant)
17/01/2014 Written submissions (First Respondent)
31/01/2014 Reply
09/09/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
05/11/2014 Judgment (Judgment summary)
Gillard v. The Queen
Case No.
C20/2013
Case Information
Lower Court Judgment
18/04/2013 Supreme Court of the Australian Capital Territory (Court of Appeal) (Refshauge J, Penfold J, North J)
Catchwords
Criminal law – Offences against the person – Sexual offences – Consent – Appellant convicted of sexual intercourse without consent contrary to s 60 of the Crimes Act 1900 (ACT) (“the Act”) – Absence of consent established through breach of trust per s 67(1)(h) of the Act – Whether, where absence of consent established through s 67(1)(h) mental element of offence is established through recklessness as to the circumstances – Whether knowledge required by operation of s 67(3) of the Act.
Documents
08/11/2013 Hearing (SLA, Sydney)
22/11/2013 Notice of appeal
13/12/2013 Written submissions (Appellant)
13/12/2013 Chronology (Appellant)
17/01/2014 Written submissions (Respondent)
31/01/2014 Reply
13/03/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
14/05/2014 Judgment (Judgment summary)
Howard v. Commissioner of Taxation
Case No.
M140/2013
Case Information
Lower Court Judgment
26/10/2012 Federal Court of Australia (Middleton J, Perram J, Dodds-Streeton J)
28/11/2012 (orders pronounced)
Catchwords
Equity – Fiduciary duties – Duty to account – Extinguishment of duty to account – Extent of duty to account – Whether fiduciary duty to account for gains is extinguished by circumstance that gain realised results from award to fiduciary of equitable compensation – Whether fiduciary’s duty extends to bringing proceedings to protect rights in respect of which duty subsists, and to accounting for proceeds of such proceedings.
Documents
08/11/2013 Hearing (SLA, Melbourne)
22/11/2013 Notice of appeal
13/12/2013 Written submissions (Appellant)
13/12/2013 Chronology (Appellant)
17/01/2014 Written submissions (Respondent)
17/01/2014 Chronology (Respondent)
31/01/2014 Reply
12/03/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
11/06/2014 Judgment (Judgment summary)
Stewart and Anor v. Atco Controls Pty Ltd (In Liquidation)
Case No.
M141/2013
Case Information
Lower Court Judgment
25/06/2013 Supreme Court of Victoria (Court of Appeal) (Warren CJ, Redlich JA & Cavanough AJA)
Catchwords
Corporations law – Liquidation – Appellant brought action against secured creditor and receiver claiming equitable lien for remuneration, costs and expenses – Action settled with receiver and sum recovered in litigation – Whether liquidator entitled to priority over secured creditor.
Equity – Equitable lien – Whether unconscientious for secured creditor to assert priority.
Documents
08/11/2013 Hearing (SLA, Melbourne)
19/11/2013 Notice of appeal
13/12/2013 Written submissions (Appellants)
13/12/2013 Chronology (Appellants)
31/01/2014 Written submissions (Respondent)
14/02/2014 Reply
06/03/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
07/05/2014 Judgment (Judgment summary)
15/08/2014 Judgment
NSW Registrar of Births, Deaths and Marriages v. Norrie
Case No.
S273/2013
Case Information
Lower Court Judgment
31/05/2013 Supreme Court of New South Wales (Court of Appeal) (Beazley ACJ, Sackville AJA, Preston CJofLEC)
Catchwords
Statutes – Interpretation – Births, Deaths and Marriages Registration Act 1995 (NSW) (“the BDMR Act”) – Whether Pt 5A of BDMR Act includes category other than “male” and “female” – Respondent, born male and underwent sexual reassignment surgery, applied to register change of sex to “non-specific” – Application approved but later revoked – Court of Appeal allowed respondent’s appeal subject to evidence whether “non-specific” fell within meaning of “sex” – Whether “sex” has binary meaning – Extent to which Court may permissibly have regard to extrinsic materials.
Constitutional law – Sex Discrimination Act 1984 (Cth) (“the SDA”) – Whether statutory construction favoured by the appellant would place the appellant in breach of s 22 of the SDA.
Documents
08/11/2013 Hearing (SLA, Sydney)
19/11/2013 Notice of appeal
13/12/2013 Written submissions (Appellant)
13/12/2013 Chronology (Appellant)
16/01/2014 Written submissions (Respondent)
23/01/2014 Written submissions (A Gender Agenda Inc - seeking leave to appear as amicus curiae)
30/01/2014 Reply
04/03/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
02/04/2014 Judgment (Judgment summary)