Cases and authorities

PROCEDURE – Evidence – Subpoena – Subpoena for production of documents –whether legitimate forensic purpose to obtain further evidence for use on costs argument, which would undermine substantive findings

EQUITY – PRACTICE AND PROCEDURE – REMEDIES – s 76(1) of the Trustee Act 1925 (NSW) provides that where an order is made by the Court directing the sale or mortgage of any land, the Court may, if it thinks expedient, make an order vesting the land or any part thereof for such estate as the Court thinks fit in the purchaser or mortgagee or in any other person – the claimants sought a vesting order and an order that they be permitted to sell property in respect of which the Court declared they have a charge securing payment to them of a fixed amount – whether the Court retains a discretion to make the orders sought – where the opponent has a costs order in his favour arising from the same proceedings in which the declaration was made which will inevitably reduce the amount owed to the claimants and may wipe it out altogether – where if the property was sold the penurious circumstances of the claimants would mean that there would be little prospect that anything paid over would be recovered – HELD – the orders sought were discretionary and the discretion should in the circumstances of this case be exercised against making the order sought

EQUITY - Injunctions - Interlouctory Injunctions - ex parte application to restrain a threatened libel - late application - indications of non disclosure - in evidence - balance of convenience does not favour grant - injunction refused.

PROCEDURE – Costs

PARTNERSHIP - winding up - taking accounts - not possible for account to be taken - limited participation in litigation by defendant - whether initial capital investment reasonable measure of plaintiff's interest

Plaintiff M79/2012 v Minister for Immigration and Citizenship Administrative law – Migration – Refugees – Minister exercised power under s 195A(2) of Migration Act 1958 (Cth) to grant plaintiff temporary safe haven visa permitting stay of seven days and bridging visa permitting stay of six months – Temporary safe haven visa granted to engage bar imposed by s 91K of Act on making valid application for protection visa – Whether decision to grant temporary safe haven visa made without power – Whether decision to grant temporary safe haven visa made for improper purpose – Whether plaintiff's application for protection visa valid. Migration Act 1958 (Cth), ss 29, 31, 37A, 46A, 65, 91H, 91J, 91K, 91L, 195A. Words and phrases – "improper purpose", "offshore entry person", "public interest", "temporary safe haven visa".

Equity – Unconscionable conduct – Where appellant gambled at first respondent's casino and lost $20.5 million – Where appellant diagnosed as suffering from condition known as "pathological gambling" – Where appellant subject to "interstate exclusion order" under Casino Control Act 1991 (Vic) – Whether gambling transactions affected by unconscionable dealing – Whether appellant suffered from special disadvantage making him susceptible to exploitation – Whether first respondent had sufficient knowledge of any special disadvantage. Words and phrases – "actual knowledge", "constructive notice", "interstate exclusion order", "special disadvantage", "unconscionable conduct". Casino Control Act 1991 (Vic), ss 76, 77(2), 78B. Trade Practices Act 1974 (Cth), s 51

Constitutional law – Judicial power – Respondent detained pursuant to order of Supreme Court of New South Wales made under Community Protection Act 1994 (NSW) ("CP Act") – CP Act subsequently held invalid – Respondent sought damages for false imprisonment – Whether order of Supreme Court valid until set aside – Whether order of Supreme Court judicial order. Torts – False imprisonment – Defences – Lawful authority – Respondent held under order of Supreme Court subsequently set aside – Whether officers of appellant could rely on order made under invalid legislation as lawful authority. Words and phrases – "judicial order", "lawful authority", "superior court of record", "void ab initio", "void or voidable". Constitution, ss 76, 77. Community Protection Act 1994 (NSW), s 9.

Constitutional law – Powers of Commonwealth Parliament – Constitution, s 51(ii) – "[T]axation; but so as not to discriminate between States or parts of States" – Minerals Resource Rent Tax Act 2012 (Cth), Minerals Resource Rent Tax (Imposition—Customs) Act 2012 (Cth), Minerals Resource Rent Tax (Imposition—Excise) Act 2012 (Cth), Minerals Resource Rent Tax (Imposition—General) Act 2012 (Cth) ("Acts") established and imposed minerals resource rent tax ("MRRT") – Amounts paid as State royalties allowed under Acts as royalty credits – Available royalty credits which do not exceed mining profit deductible from MRRT as royalty allowance – Effect of Acts alleged to be that liability to pay MRRT varies between States and that reduction in State royalty increases liability to pay MRRT by the amount of the reduction – Whether Acts discriminate between States contrary to s 51(ii) of Constitution. Constitutional law – Constitution, s 99 – Prohibition on Commonwealth, by any law of revenue, giving preference to one State over another – Whether Acts give preference to one State over another. Constitutional law – Melbourne Corporation doctrine – Whether Acts discriminate against or place particular burden upon operations or activities of States, beyond legislative power of Commonwealth Parliament. Constitutional law – Constitution, s 91 – "Nothing in this Constitution prohibits a State from granting any aid to or bounty on mining for gold, silver, or other metals" – Whether Acts contravene s 91. Words and phrases – "discrimination", "Melbourne Corporation doctrine", "minerals resource rent tax", "preference in trade, commerce or revenue", "State royalties", "States or parts of States". Constitution, ss 51(ii), 91, 99.

Legal practitioners – Legal Practitioners Fidelity Fund ("Fidelity Fund") – Barrister briefed by solicitor to appear for client – Money paid into general trust account by client on account of legal costs – Money misappropriated by solicitor – No finding that client instructed solicitor to pay third parties – Whether barrister entitled to claim against Fidelity Fund for unpaid fees. Words and phrases – "default", "failure to pay or deliver trust money", "pecuniary loss", "persons for or on whose behalf money is held", "transit money", "trust money". Legal Profession Act 2004 (Vic), Pts 3.3, 3.6.

Industrial law (Cth) – Payments relating to periods of industrial action – Where employer provided employees with accommodation under enterprise agreement – Where employees took "protected industrial action" within meaning of s 408 of Fair Work Act 2009 (Cth) ("Act") – Where employer ceased to provide accommodation to employees for duration of "protected industrial action" – Whether provision of accommodation a "payment to an employee in relation to the total duration of the industrial action" under s 470(1) of Act. Industrial law (Cth) – Enterprise agreement – Whether employees entitled to accommodation under terms of enterprise agreement when not ready, willing and available to work. Words and phrases – "adverse action", "enterprise agreement", "in relation to", "payment", "protected industrial action", "ready, willing and available to work". Fair Work Act 2009 (Cth), ss 323, 332, 340, 342, 408, 470.

Criminal law – Appeal – Prosecution appeal against sentence – Where sole ground of appeal manifest inadequacy – Where appellate court increased offender's sentence – Whether finding of manifest inadequacy required before discretion to vary sentence enlivened. Criminal law – Sentence – Principles – Relevance of deprived background of Aboriginal offender – Application of Fernando (1992) 76 A Crim R 58 – Whether effect of social deprivation diminishes with time and repeat offending – Whether social deprivation has same mitigatory effect for all purposes of punishment – Whether courts should take into account unique circumstances of Aboriginal offenders and high rate of incarceration of Aboriginal Australians when sentencing Aboriginal offender – Whether approach to sentencing Aboriginal offenders in R v Gladue [1999] 1 SCR 688 and R v Ipeelee [2012] 1 SCR 433 should be followed. Words and phrases – "deprived background", "Fernando considerations", "manifestly inadequate", "residual discretion". Crimes (Sentencing Procedure) Act 1999 (NSW), s 5(1).

Industrial law (Cth) – Workers' compensation – Employee injured during overnight stay at motel booked by employer – Employee injured whilst engaged in activity – Employee claimed compensation for injuries under Safety, Rehabilitation and Compensation Act 1988 (Cth) – Whether employee's injuries arose in course of employment – Whether employee's injuries sustained during interval or interlude within overall period of work. Words and phrases – "connection or association with employment", "injury ... at and by reference to a place", "in the course of employment", "interval or interlude within an overall period or episode of work". Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 5A(1), 6, 14(1).

Criminal law – Practice and procedure – Duties of prosecutor – Duty of prosecutor to call all material witnesses – Appellants convicted of rape – Only one of two police officers who attended scene called to give evidence – Whether failure of prosecutor to call second officer occasioned miscarriage of justice. Criminal law – Practice and procedure – Statutory power and duty of trial judge to call witness of own motion – Scope of duty – Whether evidence of uncalled witness "essential to the just decision of the case". Criminal law – Evidence – Depositions – Statement of uncalled witness not in evidence – Trial judge referred to statement to determine effect of failure to call witness – Whether reference to statement occasioned breach of natural justice. Words and phrases – "essential to the just decision of the case", "fair trial", "material witness", "miscarriage of justice". Criminal Code (Q), ss 7, 348. Criminal Procedure Act 1972 (Nauru), ss 100(1), 188. Laws Repeal and Adopting Ordinance 1922 (Nauru), s 12.

Administrative law – Availability of certiorari – Legal consequences of Medical Panel's opinion under Accident Compensation Act 1985 (Vic) – Where separate proceedings for common law damages and statutory compensation – Whether Medical Panel's opinion on medical questions referred to it in one proceeding required to be adopted and applied in other proceeding – Whether issue estoppel – Whether order in nature of certiorari available. Administrative law – Statutory obligation to give written statement of reasons – Standard of reasons required – Whether error of law on the face of the record. Words and phrases – "certiorari", "error of law", "for the purposes of determining any question or matter", "Medical Panel", "medical question", "reasons", "written statement of reasons". Accident Compensation Act 1985 (Vic), s 68. Administrative Law Act 1978 (Vic), ss 8, 10.

Practice and procedure – Judgments and orders – Power to vacate orders not yet entered – Whether Court should exercise power and withdraw published reasons.

Constitutional law (Vic) – Royal Assent – Whether Royal Assent to Bill reserved in accordance with Australian States Constitution Act 1907 (Imp) can be signified only under Royal Sign Manual – Whether Bill for Constitution Act 1975 (Vic) assented to in accordance with law. Words and phrases – "reserved for the Signification of Her Majesty's Pleasure". Australian States Constitution Act 1907 (Imp), s 1(1). Colonial Laws Validity Act 1865 (Imp) (28 & 29 Vict c 63), s 6. Victoria Constitution Act 1855 (Imp) (18 & 19 Vict c 55), Sched 1, s 60.

Criminal law – Appeal – Appeal against conviction – Whether verdict unreasonable or unsupported having regard to evidence – Indecent dealing with child under 12 years – Inconsistencies in evidence of child complainant – Whether inconsistencies affected reliability – Whether inconsistencies went to essential features of complainant's account of offences. Criminal law – Reasons – Whether Court of Appeal gave sufficient reasons – Whether Court of Appeal's reasons disclosed assessment of capacity of evidence to support verdict – Obligation to give reasons not discharged by observation that jury entitled to accept evidence of complainant. Words and phrases – "unsafe and unsatisfactory", "verdict cannot be supported having regard to the evidence", "verdict is unreasonable". Criminal Code (Q), ss 210, 668E(1).

Defence – Military forces – Discipline – Service offences – Offence of creating a disturbance on service land – Meaning of "disturbance" – Physical and fault elements of "creating" a disturbance – Whether violence or threat of violence necessary to existence of "disturbance" – Whether "creating" a disturbance has one or two physical elements. Words and phrases – "creating a disturbance", "disturbance". Criminal Code (Cth), Ch 2. Defence Force Discipline Act 1982 (Cth), s 33(b). Defence Force Discipline Appeals Act 1955 (Cth).

Intellectual property – Patents – Patent claimed administration of pharmaceutical substance as method of preventing or treating medical condition – Whether method of medical treatment of human body is patentable invention within meaning of s 18(1)(a) of Patents Act 1990 (Cth) – Whether product or process is manner of manufacture within meaning of s 6 of Statute of Monopolies – Whether novel therapeutic use of known substance is patentable invention. Intellectual property – Patents – Infringement – Construction of claim – Patent claimed use of pharmaceutical substance for preventing or treating medical condition – Whether person who supplies drug and indicates use for treatment of different condition infringes patent under s 117(1) of Patents Act 1990 (Cth). Words and phrases – "manner of manufacture", "patentable invention". Patents Act 1990 (Cth), ss 13(1), 18(1)(a), 18(2), 117(1), 119A, 138(3)(b), Sched 1. Statute of Monopolies 1623 (21 Jac I c 3), s 6. Therapeutic Goods Act 1989 (Cth), s 16(1).

Constitutional law (Cth) – Powers of federal Parliament – Section 51(xxi) – Marriage – Whether s 51(xxi) confers power with respect to same sex marriage. Territories (ACT) – Inconsistency of Commonwealth and Territory laws – Marriage Act 1961 (Cth) defined "marriage" as "the union of a man and a woman" – Marriage Equality (Same Sex) Act 2013 (ACT) provided for "marriage" between "2 people of the same sex" – Whether ACT Act capable of operating concurrently with Commonwealth Act under s 28(1) of Australian Capital Territory (Self-Government) Act 1988 (Cth). Words and phrases – "consistent ... to the extent that it is capable of operating concurrently", "marriage". Constitution, ss 51(xxi), 51(xxii). Australian Capital Territory (Self-Government) Act 1988 (Cth), s 28(1). Marriage Act 1961 (Cth), ss 5(1), 88EA. Marriage Amendment Act 2004 (Cth). Marriage Equality (Same Sex) Act 2013 (ACT), s 3, dictionary.

Contract – Damages – Vendor of business failed to deliver assets compliant with warranty – Purchaser bought compliant assets from alternative supplier – Purchaser used compliant assets in business and charged fee covering costs of buying them – Whether damages measured by reference to amount purchaser was unable to recoup in using assets in business or by reference to cost of buying compliant assets at date of breach – Whether purchaser mitigated loss by charging fee covering costs of buying compliant assets. Words and phrases – "expectation interest", "same situation ... as if the contract had been performed".

Criminal law – Malicious infliction of grievous bodily harm with intent – Consent to battery resulting from surgery – Whether "informed consent" was correct test – Whether patient informed in broad terms of nature of procedure – Application of Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479. Criminal law – Appeal – Appeal against conviction – Application of proviso – Whether misdirection to jury actually resulted in substantial miscarriage of justice. Criminal law – Appeal – Prosecution appeal against sentence – Where appellate court failed to consider residual discretion. Words and phrases – "consent to medical procedure", "proviso", "substantial miscarriage of justice", "residual discretion". Crimes Act 1900 (NSW), s 33. Criminal Appeal Act 1912 (NSW), ss 5D, 6(1).

Constitutional law – Implied freedom of communication on governmental and political matters – Section 96D of Election Funding, Expenditure and Disclosures Act 1981 (NSW) ("EFED Act") prohibits political donations unless made by individual enrolled on roll of electors – Section 95G(6) of EFED Act aggregates expenditure by political party and affiliated organisations for purposes of cap on electoral communication expenditure – Whether political communication at State level can effectively burden federal implied freedom of communication – Whether ss 96D and 95G(6) effectively burden implied freedom of communication – Whether ss 96D and 95G(6) connected to legitimate end. Words and phrases – "implied freedom of communication on governmental and political matters", "legitimate end". Constitution, ss 7, 24, 96, 128. Election Funding, Expenditure and Disclosures Act 1981 (NSW), Pt 5, Div 2, Pt 6, ss 83, 95G(6), 96D. Election Funding, Expenditure and Disclosures Regulation 2009 (NSW), cl 34

Parliamentary elections (Cth) – Senate – Petition – Petition did not dispute validity of election or return – Whether petition authorised by Commonwealth Electoral Act 1918 (Cth) – Whether proceedings could be had on petition. Words and phrases – "petition disputing an election or return". Commonwealth Electoral Act 1918 (Cth), ss 355, 358(1).

Barbaro v The Queen Zirilli v The Queen Criminal law – Sentence – Principles – Applicants pleaded guilty to offences against laws of Commonwealth after prosecution expressed views about available range of sentences that could be imposed on each applicant – Sentencing judge refused to receive submission from prosecution about available range of sentences – Whether duty of prosecution to make submission as to available range of sentences – Whether submission as to range amounts to submission of law – Whether failure to receive prosecution submission as to range procedurally unfair – Whether failure to receive prosecution submission as to range failure to take account of relevant consideration. Words and phrases – "available range of sentences", "submission of law". Crimes Act 1914 (Cth), Pt

Criminal law – Evidence – Exclusionary rule – Where appellant convicted upon verdict of jury – Where note suggesting juror physically coerced into changing verdict found in jury room after jury discharged – Whether evidence of unlawful coercion of juror by fellow juror admissible – Whether Sheriff should be ordered to conduct inquiry. Words and phrases – "exclusionary rule", "free and frank deliberation", "physical coercion". Criminal Appeals Act 2004 (WA), s 30(3)(c). Criminal Code (WA), s 123. Juries Act 1957 (WA), ss 56A, 56

Criminal law – Money laundering – Criminal offence under s 400.3(1) of Criminal Code (Cth) to deal with property intending it will become "instrument of crime" – Appellant dealt with shares intending not to declare resulting capital gain – Whether shares "instrument of crime". Words and phrases – "instrument of crime", "money laundering", "used in the commission", "used to facilitate". Criminal Code (Cth), ss 134.2, 400.1(1), 400.2(1), 400.3(1).

Criminal law – Sentence – Appellant convicted of drug crimes and sentenced – Crown successfully appealed against sentences – Court of Criminal Appeal applied reasoning held to be erroneous in Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 in re-sentencing appellant – Appellant applied under s 43 of Crimes (Sentencing Procedure) Act 1999 (NSW) for re-sentencing proceedings to be re-opened – Court of Criminal Appeal dismissed application – Where sentences imposed by re-sentencing court open at law – Whether sentences imposed "contrary to law". Words and phrases – "contrary to law", "principle of finality". Crimes (Sentencing Procedure) Act 1999 (NSW), ss 43(1), 43(2).

Statutes – Interpretation – Registrar's power to register a "change of sex" under Births, Deaths and Marriages Registration Act 1995 (NSW) – Respondent underwent sex affirmation procedure – Respondent applied for registration of change of sex under Act – Whether Registrar has power to register change of sex to "non-specific". Words and phrases – "change of sex". Births, Deaths and Marriages Registration Act 1995 (NSW), ss 32A, 32DA, 32DB, 32DC, 32

Customs and excise – Recovery of sum paid to Customs as duty payable – Where appellant's customs agent transmitted incorrect information in computer import entry for imported yacht – Where customs duty overpaid due to mistaken belief as to weight of yacht – Where appellant discovered mistake outside statutorily prescribed period for recovery and sought to recover monies paid – Whether s 167(4) of Customs Act 1901 (Cth) operates as a bar to recovery of customs duty paid where no dispute under s 167(1). Statutes – Interpretation – Whether action available for recovery of customs duty paid outside prescribed statutory circumstances. Words and phrases – "customs duty", "demand", "dispute", "no action shall lie for the recovery of any sum", "payment under protest". Customs Act 1901 (Cth), ss 163, 167.

Attorney-General (NT) v Emmerson Constitutional law (Cth) – Judicial power of the Commonwealth – Constitution, Ch III – Section 36A of Misuse of Drugs Act (NT) and s 94 of Criminal Property Forfeiture Act (NT) effect statutory scheme for forfeiture of property – Section 36A provides that Supreme Court can declare a person to be a "drug trafficker" – Section 94(1) provides for forfeiture to Northern Territory of property subject to restraining order that is owned, effectively controlled or given away by that person – Where Director of Public Prosecutions successfully applied to Supreme Court for declaration that first respondent was a drug trafficker – Whether statutory scheme enlists Supreme Court to give effect to decisions of Executive – Whether statutory scheme compatible with independence and institutional integrity of Supreme Court as repository of federal jurisdiction. Legislative power – Acquisition of property on just terms – Section 50(1) of Northern Territory (Self-Government) Act 1978 (Cth) provides that power of Northern Territory Legislative Assembly does not extend to making laws with respect to acquisition of property otherwise than on just terms – Where statutory scheme provides for forfeiture to Northern Territory of property subject to restraining order that is owned, effectively controlled or given away by person declared to be a "drug trafficker" – Whether statutory scheme effects acquisition of property otherwise than on just terms. Words and phrases − "acquisition of property", "forfeiture", "institutional integrity", "just terms", "Kable principle". Constitution, Ch III, s 51(xxxi). Criminal Property Forfeiture Act (NT), ss 3, 10, 44, 52(3), 94. Criminal Property Forfeiture (Consequential Amendments) Act 2002 (NT). Misuse of Drugs Act (NT), s 36A. Northern Territory (Self-Government) Act 1978 (Cth), s 50(1).

Equity – Equitable charges and liens – Liquidator's equitable lien for costs, expenses and remuneration – Where asset realised by liquidator's efforts in pursuing litigation – Where litigation involved unsuccessful attack on interest of secured creditor – Where liquidator acting with propriety and in course of his duties – Whether liquidator entitled to equitable lien over asset in priority to secured creditor. Words and phrases – "come in to the winding up", "costs and expenses of realisation", "equitable lien", "Universal Distributing principle". Corporations Act 2001 (Cth), s 564.

Criminal law – Appeal – Appeal against conviction – Sexual offences – Sexual intercourse without consent – Act of indecency without consent – Whether jury misdirected on mental element of offences – Whether jury misdirected on mental element of offences where statute negates consent. Statutes – Interpretation – Whether prosecution must prove accused had knowledge that consent was caused by Crimes Act 1900 (ACT) s 67(1) circumstance – Whether recklessness as to Crimes Act 1900 (ACT) s 67(1) circumstance sufficient to establish mental element of offence. Words and phrases – "consent", "recklessness". Crimes Act 1900 (ACT), ss 54, 60, 67.

Corporations – Managed investment schemes – Unlisted unit trust – Members' rights to withdraw from scheme – Where terms of issue of units in trust provided for redemption within stipulated time period – Where units not redeemed within stipulated time period – Whether obligation to redeem units subject to requirements of Pt 5C.6 of Corporations Act 2001 (Cth) – Whether redemption of units constitutes withdrawal from scheme within meaning of Pt 5C.6 of Corporations Act 2001 (Cth). Words and phrases – "managed investment schemes", "redemption", "withdrawal". Corporations Act 2001 (Cth), Pt 5C.6, ss 601GA(4), 601

Workers compensation – Permanent impairment compensation – Injured worker claimed compensation – Subsequent specific claim for permanent impairment compensation under s 66 of Workers Compensation Act 1987 (NSW) ("WCA") – Amendments to WCA limited entitlement to permanent impairment compensation – Savings and transitional provisions of amending Act protected worker's entitlement – Employer claimed protection displaced by transitional regulation made pursuant to amending Act – Whether transitional regulation extinguished worker's entitlement – Whether transitional regulation valid. Statutory interpretation – Retrospectivity – Henry VIII clause – Savings and transitional provisions. Words and phrases – "accrued rights", "Henry VIII clause", "permanent impairment compensation", "retrospectivity", "savings and transitional provisions". Interpretation Act 1987 (NSW), ss 5(2), 30(1)(c). Workers Compensation Act 1987 (NSW), ss 66, 280, Sched 6, Pts 19H, 20. Workers Compensation Regulation 2010 (NSW), Sched 8, Pt 1, cl 11.

Estoppel – Equitable estoppel – Proprietary estoppel – Where promisor made representations to give property to promisee – Whether promisee acted to her detriment in reliance on promisor's representations – Whether onus of proof on promisee to prove reliance on promisor's representations. Equity – Relief – Whether relief measured by reference to value of representations. Words and phrases – "presumption of reliance".

Lee v The Queen Criminal law – Appeal against conviction – Where appellants gave evidence before New South Wales Crime Commission ("Commission") – Where non-publication direction made under s 13(9) of New South Wales Crime Commission Act 1985 (NSW) – Where transcripts of appellants' evidence before Commission published to members of New South Wales Police Force and officers of Director of Public Prosecutions – Whether publication of appellants' evidence before Commission meant subsequent trial differed in fundamental respect from that which our system of criminal justice seeks to provide – Whether publication of appellants' evidence before Commission gave rise to miscarriage of justice. Words and phrases – "miscarriage of justice", "non-publication direction". Criminal Appeal Act 1912 (NSW), s 6(1). New South Wales Crime Commission Act 1985 (NSW), s 13(9).

Taxation – Income tax – Taxpayer a member of joint venture – Taxpayer proposed involvement of company of which he was director in business opportunity arising from joint venture – Breach of fiduciary duty by joint venturers – Joint venture failed and opportunity lost – Taxpayer awarded equitable compensation for loss of joint venture opportunity – Commissioner included compensation in taxpayer's assessable income – Whether taxpayer held compensation on constructive trust for company – Whether compensation assessable income. Assignment – Where litigation agreement between company and directors assigned to company any award to directors of damages arising out of relevant proceedings – Whether agreement assignment of proceeds of action or assignment of rights under judgment obtained in action – Whether agreement assignment of present property for value or assignment of future income. Words and phrases – "assignment of future income", "conflict of duties", "conflict of duty and interest", "fiduciary duty", "unauthorised gain or profit".

Plaintiff S156/2013 v Minister for Immigration and Border Protection Constitutional law (Cth) – Legislative power of Commonwealth – Constitution, s 51(xix) – Aliens power – Section 198AB of Migration Act 1958 (Cth) provides that Minister may designate country as regional processing country – Section 198AD(2) provides that unauthorised maritime arrival ("UMA") must, as soon as reasonably practicable, be taken from Australia to regional processing country – Section 198AD(5) provides that, if there are two or more regional processing countries, Minister must, in writing, direct an officer to take UMA, or class of UMAs, to regional processing country specified in direction – Whether ss 198AB and 198AD laws with respect to aliens – Whether ss 198AB and 198AD valid. Administrative law – Judicial review of administrative decisions – Where Minister designated country as regional processing country under power conferred by s 198AB of Migration Act 1958 (Cth) – Where only condition for exercise of power is that Minister thinks it is in national interest to do so – Whether Minister was obliged to, but did not, take into account other relevant considerations – Whether designation valid. Administrative law – Judicial review of administrative decisions – Where Minister made direction under s 198AD(5) of Migration Act 1958 (Cth) – Whether direction uncertain or vague – Whether direction valid. Words and phrases – "aliens power", "national interest", "proportionality", "reasonably appropriate and adapted", "relevant considerations", "with respect to". Constitution, s 51(xix). Migration Act 1958 (Cth), Pt 2, Div 8, subdiv B, ss 5(1), 5AA, 5E, 14, 36, 46A, 189, 198, 198AA, 198AB, 198AD, 198B, 474, 476, 476A, 476B, 494AA. Judiciary Act 1903 (Cth), s 44(1).

Criminal law − Evidence − DNA evidence − Where appellant's DNA obtained from object found at crime scene − Whether DNA evidence sufficient to establish beyond reasonable doubt appellant's presence at, and participation in, crime committed. Words and phrases − "DNA evidence", "joint enterprise", "primary transfer", "secondary transfer". Criminal Law Consolidation Act 1935 (SA), s 353(1).

Evidence – Admissibility – Opinion evidence – Section 79(1) of Evidence Act 1995 (NSW) exception for evidence of opinion based wholly or substantially on specialised knowledge based on training, study or experience – Prosecution adduced evidence of anatomist regarding physical characteristics common to persons depicted in images – Whether opinion based wholly or substantially on specialised knowledge. Words and phrases – "opinion rule", "specialised knowledge", "training, study or experience", "wholly or substantially". Evidence Act 1995 (NSW), ss 76, 79.

Constitutional law – Constitution, Ch III – Institutional integrity of State courts – Section 18(1) of Criminal Law Amendment Act 1945 (Q) allowed trial judge to direct two or more medical practitioners to inquire as to mental condition of person found guilty of offence of sexual nature committed upon or in relation to child – Where medical practitioners report that offender is incapable of exercising proper control over offender's sexual instincts, s 18(3) allowed trial judge to declare offender to be so incapable and to direct offender to be detained in institution during Her Majesty's pleasure – Section 18(5) required offender to be detained and not to be released until Governor in Council satisfied on report of two legally qualified medical practitioners that it is expedient to release offender – Plaintiffs found guilty of committing sexual offences against children – Plaintiffs declared to be incapable of exercising proper control over sexual instincts – Plaintiffs detained in institution at Her Majesty's pleasure – Whether s 18 repugnant to or incompatible with institutional integrity of State courts. Words and phrases – "during Her Majesty's pleasure", "expedient to release", "institutional integrity", "is incapable of exercising proper control over ... sexual instincts". Constitution, Ch III. Criminal Law Amendment Act 1945 (Q), ss 18, 18A-18

Procedure – Costs – Calderbank offer – Where appeal determined, and order for costs made, in favour of appellants – Whether respondent's non-acceptance of Calderbank offer reasonable – Whether respondent should pay costs on indemnity basis. Words and phrases – "Calderbank offer", "indemnity costs".

Insurance – Statutory construction – Where contract of insurance covered accidental damage to vehicles – Where contract of insurance required drivers to obtain satisfactory driver test score – Where drivers of vehicles involved in accidents had not completed driver tests – Where failure to complete driver test did not cause or contribute to accidents – Whether s 54(1) of Insurance Contracts Act 1984 (Cth) requires insurer to indemnify insured for loss caused by accidents. Words and phrases – "act", "claim", "contract of insurance", "indemnity", "scope of cover". Insurance Contracts Act 1984 (Cth), s 54.

Plaintiff S4/2014 v Minister for Immigration and Border Protection Migration – Refugees – Minister decided to consider whether to exercise power under s 46A(2) of Migration Act 1958 (Cth) to permit plaintiff to apply for protection visa – Plaintiff detained while Minister's department inquired into plaintiff's eligibility for protection visa – Minister's department determined plaintiff satisfied requirements for protection visa – Minister made no decision to permit or refuse to permit plaintiff to apply for protection visa – Minister exercised power under s 195A(2) to grant plaintiff temporary safe haven visa and temporary humanitarian concern visa – Temporary safe haven visa engaged bar imposed by s 91K on making valid application for protection visa – Whether grants of temporary safe haven visa and temporary humanitarian concern visa invalid – Whether decision to grant temporary safe haven visa severable from decision to grant temporary humanitarian concern visa – Whether Minister bound to permit valid application for protection visa – Whether Minister bound to determine how s 46A(2) power will be exercised. Migration Act 1958 (Cth), ss 46A, 91K, 195

Tajjour v New South Wales Hawthorne v New South Wales Forster v New South Wales Constitutional law – Implied freedom of political communication – Section 93X of Crimes Act 1900 (NSW) made it offence habitually to consort with convicted offenders after receiving official warning in relation to each convicted offender – Plaintiffs charged with offence against s 93X – Whether s 93X infringes implied freedom of political communication. Constitutional law – Implied freedom of association – Whether Constitution contains an implied freedom of association independent of implied freedom of political communication. Constitutional law – Powers of State Parliaments – Provisions of international convention ratified by Australia but not incorporated by statute in Australian domestic law – Whether capable of limiting power of State Parliaments to enact inconsistent legislation. Words and phrases – "effectively burden", "habitually consort", "proportionality", "reasonably appropriate and adapted". Crimes Act 1900 (NSW), ss 93W, 93X, 93

Negligence – Duty of care – Pure economic loss – Strata-titled apartment complex constructed pursuant to contract between builder and developer – Apartments sold pursuant to standard form contract of sale – Contracts conferred rights to have defects remedied – Latent defects in common property – Owners corporation for strata scheme claimed damages from builder for pure economic loss – Whether builder owed owners corporation a duty of care – Relevance of inquiry into whether builder owed anterior duty of care to developer. Words and phrases – "assumption of responsibility", "common property", "disconformity of obligations", "proximity", "pure economic loss", "reliance", "vulnerability".

Criminal law – Appeal – Application to extend time within which to apply for leave to appeal against sentence – Principles to be applied in determining whether extension of time should be granted – Whether applicant required to demonstrate that refusal of application would occasion substantial injustice – Relevance of principle of finality – Relevance of prospect of success should extension be granted – Whether extension of time should be granted. Words and phrases – "Abdul test", "principle of finality", "substantial injustice". Criminal Appeal Act 1912 (NSW), s 10(1)(b). Criminal Appeal Rules (NSW), rr 3A, 3

Damages – Measure of damages in actions for tort – Appellant suffered brain damage as a result of respondent's negligence – Appellant incapable of managing own financial affairs – Administrator appointed to manage appellant's estate – Where requirement for management of funds arose as a direct result of respondent's negligence – Where administrator charged fees on all funds under management – Whether appellant entitled to recover costs associated with management of damages awarded for purpose of managing funds under management – Whether appellant entitled to recover costs associated with managing predicted future income of managed fund. Words and phrases – "damages", "discount rate", "fund management". Civil Procedure Act 2005 (NSW), ss 76, 77, 79. Motor Accidents Compensation Act 1999 (NSW), s 127. NSW Trustee and Guardian Act 2009 (NSW), s 41.