Audio-visual recordings of Full Court hearings heard in Canberra
Case: CEREMONIAL SITTING ON THE OCCASION OF THE ANNOUNCEMENT OF APPOINTMENT OF SENIOR COUNSEL
Date: 03 February 2025
Transcript: Hearing
AV time: 0h 21m
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Babet & Anor v. Commonwealth of Australia
Palmer v. Commonwealth of Australia
Case No.
Case nos B73/2024 & B74/2024
Case Information
Catchwords
Constitutional law – elections – Commonwealth Electoral Act 1918 (Cth) – part XI – registration of political parties – where United Australia Party was registered as a political party in 2018 – where United Australia party was voluntarily deregistered by the Australian Electoral Commission under s 135(1) of the Act in 2022 – where s 135(3) of the Act provides that a party is ineligible for registration until after the general election next following the voluntary deregistration of that party – validity of s 135(3) – whether invalid on the ground that it impairs the direct choice by the people of Senators or Members of the House of Representatives, contrary to ss 7 and 24 of the Constitution – whether invalid on the ground that it impermissibly discriminates against candidates of a political party that has deregistered voluntarily or a Parliamentary party that has deregistered voluntarily – whether invalid on the ground that it infringes the implied freedom of political communication.
Documents*
12/12/2024 Writ of Summons (in each matter)
24/12/2024 Hearing (Single Justice, Canberra by video connection)
14/01/2025 Special Case Stated (in each matter)
14/01/2025 Order referring special case to the Full Court (Babet)
14/01/2025 Order referring special case to the Full Court (Palmer)
17/01/2025 Written submissions (Plaintiffs - B73/2024)
17/01/2025 Chronology (Plaintiffs - B73/2024)
17/01/2025 Written submissions (Plaintiff - B74/2024)
17/01/2025 Chronology (Plaintiff - B74/2024)
28/01/2025 Written submissions (Defendant - B73/2024)
28/01/2025 Chronology (Defendant - B73/2024)
28/01/2025 Written submissions (Defendant - B74/2024)
28/01/2025 Chronology (Defendant - B74/2024)
28/01/2025 Written submissions (Attorney-General for the State of New South Wales, intervening - B73/2024)
30/01/2025 Reply (B73/2024)
30/01/2025 Reply (B74/2024)
07/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
07/02/2025 Outline of oral argument (Plaintiffs in each matter)
07/02/2025 Outline of oral argument (Defendant in each matter)
07/02/2025 Outline of oral argument (Attorney-General for the State of New South Wales, intervening - B73/2024)
Government of the Russian Federation v. Commonwealth of Australia
Case No.
Case no C9/2023
Case Information
Catchwords
Constitutional law – heads of power – acquisition of property – where plaintiff held lease granted by defendant in 2008 over parcel of land (“land”) in Australian Capital Territory – where in 1990 National Capital Plan took effect under s 21(2) of Australian Capital Territory (Planning and Land Management) Act 1908 (Cth) (“PLM Act”) - where land fell in designated area under s 10(1) of PLM Act – where land is ‘national land’ under s 27(1) PLM Act – where lease limited use to diplomatic consular or official purpose of Government of Russian Federation – where limited work undertaken on land – where in 2023 Home Affairs Act 2023 (Cth) (“HAA”) came into effect – where plaintiff’s lease terminated under s 5 of HAA – where defendant maintains lease terminated on basis of national security – whether HAA invalid on ground that not supported by head of Commonwealth power – whether if HAA otherwise valid operation of HAA results of acquisition of property from plaintiff under s 51(xxxi) Constitution requirement payment of reasonable compensation under s 6(1) HAA.
Documents*
23/06/2023 Writ of summons
26/06/2023 Hearing (Single Justice, Canberra)
26/06/2023 Reasons for decision (Jagot J)
16/10/2024 Draft Special Case Stated
18/12/2024 Order referring special case to the Full Court
14/03/2025 Special Case Stated
17/04/2025 Written submissions (Plaintiff)
30/05/2025 Written submissions (Defendant)
27/06/2025 Reply (Plaintiff)
*The due dates shown for documents on this page are indicative only.
Stott v. The Commonwealth of Australia & Anor
Case No.
Case no M60/2024
Case Information
Catchwords
Constitutional law – inconsistency – acquisition of property on just terms – taxation – international taxation agreements – where Land Tax Act 2005 (Vic) imposes land tax on taxable land payable by owner – where second defendant assessed taxable land under Taxation Administration Act 1997 (Vic) – where State Taxation Acts Amendment Act 2015 (Vic) created higher rate of land tax for “absentee owner” – where plaintiff ordinarily resident in New Zealand and “absentee owner” – where Australia and New Zealand signed Convention for the Avoidance of Double Taxation with respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (“Convention”) – where Convention given legislative force in International Tax Agreements Act 1953 (Cth) – where art 24(1) of Convention provides nationals of contracting State shall mot be subjected to “any taxation … which is more burdensome than the taxation… to which mational of the other State in the same circumstances, in particular with respect to residence, are or may be subjected” – where plaintiff commenced representative proceedings in Federal Court seeking restitution of difference between absentee owner rate and ordinary rate – where proceedings remain on foot – where on 8 April 2024 Treasury Laws (Amendment Foreign Investment) Act 2024 (Cth) commenced – where on 4 December 2024 ss 42 and 54 of State Taxation Further Amendment Act 2024 (Vic) commenced – whether prior to commencement of Treasury Laws (Amendment Foreign Investment) Act s109 of Constitution invalidates ss 7, 8, 25, 104B and cll 4.1-4.5 of Sch 1 to the Land Tax Act 2005 to extent of inconsistency of art 24(1) of Convention – if so, whether s 5(3) of International Taxation Agreements Act 1953 valid or effective to remove inconsistency – whether s 5(3) invalid on ground law is with respect of acquisiton of property from a person otherwise than on just terms within meaning of s 51(xxxi) Constitution – whether s 106A Land Tax Act 2005 invalid or inoperative on plaintiff by force of art 24(1) and s 109 Constitution
Documents*
18/07/2024 Writ of summons
11/10/2024 Defence (Second Defendant)
03/12/2024 Amended statement of claim (Plaintiff)
12/12/2024 Special case stated
18/12/2024 Order referring matter to the Full Court
24/02/2025 Written submissions (Plaintiff)
24/03/2025 Written submissions (First Defendant)
24/03/2025 Written submissions (Second Defendant)
02/04/2025 Written submissions (Attorney-General for the State of New South Wales, intervening)
02/04/2025 Written submissions (Attorney-General for the State of South Australia, intervening)
02/04/2025 Written submissions (Attorney-General for the State of Western Australia, intervening)
16/04/2025 Reply
*The due dates shown for documents on this page are indicative only.
G Global 120E T2 Pty Ltd as trustee for the G Global 120E AUT v. Commissioner of State Revenue
G Global 180Q Pty Ltd as trustee for the G Global 180Q AUT v. Commissioner of State Revenue (2 matters)
Case No.
B48/2024; B49/2024; B50/2024
Case Information
Catchwords
Constitutional law – inconsistency – acquisition of property on just terms – taxation – international taxation agreements – where Agreement between Australia and the Federal Republic of Germany for the Elimination of Double Taxation with respect to Taxes on Income and on Capital and the Prevention of Fiscal Evasion and Avoidance (“German Agreement”) given legislative force under s 5(1) International Tax Agreements Act 1953 (Cth) (“ITAA”) – where first respondent imposed foreign land tax surcharge under s 32(1)(b)(ii) of Land Tax Act 2010 (Qld) (“LTA”) on basis that first respondent a foreign company or trustee of foreign trust – where first respondent contended this had effect of imposing more burdensome taxation on enterprise carried on by resident of Australia the capital of which partly owned by resident(s) of Germany than on other similar enterprises carried on by Australian resident contrary to art 24(4) of German Agreement - validity of Treasury Laws Amendment (Foreign Investment) Act 2024 (Cth) which inserted s 5(3) into ITAA which provides that operation of a provision of a bilateral tax agreement provided for in s 5(1) “is subject to anything inconsistent with the provision contained in a law of the Commonwealth, or of a State or Territory, that imposed a tax other than an Australian tax, unless expressly provided otherwise in that law” – where s 5(3) expressed to operate with retrospective effect – whether prior to commencement of the Treasury Laws Amendment (Foreign Investment) Act 2024, s 32(1)(b)(ii) of LTA invalid in application to appellants, by force of s 109 of the Constitution by reason of its inconsistency with s 5(1) of ITAA – if so, whether 5(3) of the International Tax Agreements Act 1953 (alternatively, cl 1 of Sch 1 to Treasury Laws Amendment(Foreign Investment) Act), in so far as it operates by reference to provision contained in a law of a State, supported by head of Commonwealth legislative power – if so whether s 5(3) of ITAA (alternatively, cl 1 of Sch 1 to Treasury Laws Amendment (Foreign Investment) Act 2024), when read with cl 2 of Sch 1 to Treasury Laws Amendment (Foreign Investment) Act 2024, effective to remove inconsistency between s 32(1)(b)(ii) of the LTA and s 5(1) of ITAA and any consequent invalidity – if so, whether s 5(3) of ITAA (alternatively, cl 1 of Sch 1 to Treasury Laws Amendment (Foreign Investment) Act 2024) when read with cl 2 of Sch 1 to Treasury Laws Amendment (Foreign Investment) Act 2024 invalid (in whole or in part) because it effected an acquisition of the property of appellants otherwise than on just terms within meaning of s 51(xxxi) of the Constitution
Documents*
11/09/2024 Cause Removed (B48/2024)
11/09/2024 Cause Removed (B49/2024)
11/09/2024 Cause Removed (B50/2024)
06/12/2024 Special Case Stated (joint)
19/12/2024 Order referring special case to the Full Court
26/02/2025 Joint written submissions (Appellants)
26/03/2025 Joint written submissions (Respondent)
02/04/2025 Joint written submissions (Attorney-General of the Commonwealth of Australia, intervening)
02/04/2025 Joint written submissions (Attorney-General for the State of New South Wales, intervening)
02/04/2025 Joint written submissions (Attorney-General for the State of South Australia, intervening)
02/04/2025 Joint written submissions (Attorney-General for the State of Western Australia, intervening)
02/04/2025 Joint written submissions (Attorney-General for the State of Victoria, intervening)
16/04/2025 Reply
*The due dates shown for documents on this page are indicative only.