The High Court has unanimously dismissed an appeal against the Supreme Court of the Australian Capital Territory, holding that the appellant, Mr Lewis, was not entitled to substantial damages for wrongful imprisonment because, while the decision to return him to imprisonment by the ACT’s Sentencing Administration Board had been invalid, he would otherwise have been lawfully returned to imprisonment in any case. Facts Mr Lewis was sentenced to a term of 12 months’ imprisonment for recklessly or intentionally inflicting actual bodily harm on another by smashing a glass into the face of another m ..read more

By Julian R Murphy On 8 September, the High Court will hear argument in Roy v O’Neill. The case is about whether police can approach a person’s front door to investigate them for a criminal offence. That question, in turn, entails consideration of whether such police are trespassers or whether they can claim the benefit of the common law implied licence normally extended to door-to-door salespeople and Jehovah’s Witnesses. I have outlined some of the case’s comparative and constitutional dimensions in a ‘Before the High Court’ article in the Sydney Law Review. Here, I want to discuss the case ..read more

The High Court has unanimously allowed an appeal against part of a judgment of the Full Federal Court of Australia, holding that in a case where a defendant had terminated an agreement by deceptive means, the balance of probabilities showed that the defendant would not have used lawful means. The burden of proof thus shifted to the defendant to show that it would in fact have used lawful means, which it failed to establish. Facts The case involved Securency Pty Ltd (now called CCL Secure Ltd), a company incorporated as part of a 50-50 joint venture between the Reserve Bank of Australia and Inn ..read more

By Jason N E Varuhas, Professor of Law, Melbourne Law School In Smethurst v Commissioner of Police [2020] HCA 14 the High Court of Australia had to decide whether data obtained by police through an unlawful search of journalist Ms Annika Smethurst’s home should be returned to her or destroyed. In a controversial decision, which split the Court 4:3, the High Court refused to order the police to return or destroy the data. The case poses difficult questions of law that arise at the intersection of tort, equity and constitutional law. Specifically, it raises questions over the extent to which the ..read more

While the High Court suspended its hearings of appeals and original jurisdiction matters in April and May and switched to video connection hearings in June due to COVID-19,  it has largely continued hearing special hearing matters by video link from its various registries. The result this quarter is twelve new appeals – more than average compared to recent years – being added to its pipeline, bringing the total special leave grants for the first half of the year to seventeen. The twelve new cases the High Court will, pandemic-permitting, hear in the second half of the year are appeals fro ..read more

BELL J: Perhaps, Ms Shaw, before you commence, may I indicate that if at any time either you or Mr Nathan have any difficulty in terms of hearing or seeing the Bench would you please indicate that at the first opportunity. MS SHAW: I am grateful, your Honour, for that information. According to the official transcript of proceedings, the High Court of Australia this week heard a criminal appeal ‘FROM CANBERRA BY VIDEO CONNECTION TO SYDNEY, MELBOURNE, ADELAIDE AND DARWIN’. That’s a contrast with its appeals this March, which the transcript described as ‘AT CANBERRA’ (and I can attest plac ..read more

By Barry Diamond Senior Fellow in the Melbourne Law Masters and PwC Partner When a partner ‘confirms’ she holds land on trust for other partners upon dissolution of the partnership, is this a confirmation of a pre-existing relationship, or a new trust for the purposes of stamp duty? Commissioner of State Revenue v Rojoda Pty Ltd [2020] HCA 7 arose when a registered proprietor of land in Western Australia and a partner in a partnership, ‘confirmed’ that she held the land on trust for the partners in their respective shares following dissolution of the partnership. If the ‘confirmation’ was ..read more

In a notice titled ‘COVID 19’, the High Court has cancelled appeal and original jurisdiction hearings through to (at least) June: Following the adoption of policies restricting travel and meetings and remote workplace arrangements it has been decided that the High Court of Australia will not be sitting in Canberra or on circuit in the months of April, May and June.  The question of future sittings will be reviewed in June. The notice specifies that ‘the Court will continue to deliver judgments’ – there are eight judgments and one set of reasons presently reserved – and ‘will deal with s ..read more

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