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JADE (Judgments And Decisions Enhanced) is a BarNet initiative created to serve the Australian legal community. It collects the latest decisions of selected Australian Courts and Tribunals in an enhanced database.

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LATEST 10 ADDITIONS TO THE HIGH COURT Show my cases

Osland v Secretary to the Department of Justice [2008] HCA 37 (7 August 2008) (GLEESON CJ,GUMMOW, KIRBY, HAYNE, HEYDON AND KIEFEL JJ)


Catchwords
Administrative law - Freedom of information - Exempt documents - Freedom of Information Act 1982 (Vic), s 50(4) empowered Tribunal to decide access should be granted to exempt documents if of opinion that public interest required access to be granted - Whether, in circumstances of this matter, Court...
Orders
1. Appeal allowed. 2. Set aside the orders of the Court of Appeal of the Supreme Court of Victoria made on 17 May 2007. 3. Remit the matter to the Court of Appeal of the Supreme Court of Victoria fo...
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Copyright Agency Limited v State of New South Wales [2008] HCA 35 (6 August 2008) (GLEESON CJ, GUMMOW, HEYDON, CRENNAN AND KIEFEL JJ)


Catchwords
Intellectual property - Copyright - Crown use - Statutory licence scheme - Where survey plan lodged for registration at Lands and Property Information Division of Department of Lands (NSW) - Surveyor owned copyright in survey plan - Once registered, survey plan reproduced and communicated to the pub...
Orders
1. Appeal allowed. 2. Orders of the Full Court of the Federal Court of Australia, made on 5 June 2007, in respect of questions 5 and 6, set aside. In place of those orders, questions 5 and 6 answered...
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Hearne v Street [2008] HCA 36 (6 August 2008) (GLEESON CJ,KIRBY, HAYNE, HEYDON AND CRENNAN JJ)


Catchwords
Courts - Appeal - Jurisdiction - Supreme Court of New South Wales (Court of Appeal) - Civil and criminal contempt of court - Character of contempt charged - Whether civil or criminal - Whether appeal to Court of Appeal precluded by findings and orders of primary judge acquitting alleged contemnors. ...
Orders
Appeal dismissed with costs. (per Hayne, Heydon and Crennan JJ, Gleeson CJ and Kirby J delivering separate judgments and agreeing with the orders)
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Commissioner of Taxation v Futuris Corporation Limited [2008] HCA 32 (31 July 2008) (GUMMOW, KIRBY, HAYNE, HEYDON AND CRENNAN JJ)


Catchwords
Commissioner of Taxation v Futuris Corporation Limited Income Tax - Review and appeals - Judicial review - Judiciary Act 1903 (Cth) ("the Judiciary Act"), s 39B - Appellant Commissioner issued amended assessments of income tax to respondent taxpayer - Taxpayer alleged Commissioner deliberately "d...
Orders
1. Appeal allowed with costs. 2. Set aside the orders and declaration of the Full Court of the Federal Court of Australia entered on 26 June 2007 and, in their place, order that the appeal to that ...
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W.R. Carpenter Holdings Pty Limited v Commissioner of Taxation; W.R. Carpenter Australia Pty Limited v Commissioner of Taxation [2008] HCA 33 (31 July 2008) (GLEESON CJ,GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ)


Catchwords
Income tax - International agreements - Dealings between parties not at "arm's length" - Income Tax Assessment Act 1936 (Cth), s 136AD(1) deemed consideration equal to "arm's length consideration" to be received or receivable by taxpayer in certain circumstances if respondent Commissioner determined...
Orders
1. In matter S652/2007, the record in this Court be amended to show W.R. Carpenter Holdings Pty Limited alone as appellant. 2. In matter S653/2007, the record in this Court be amended to show W.R. Ca...
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Burrell v The Queen [2008] HCA 34 (31 July 2008) (GUMMOW ACJ, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ)


Catchwords
Criminal law - Appeal and new trial - Orders dismissing appeals formally recorded - Reasons for judgment contained substantial factual errors - Whether superior court of record can reopen proceedings after its orders disposing appeals formally recorded - Whether power to reopen appeals - Finality of...
Orders
1. Dismiss so much of the appellant's applications for special leave to appeal to this Court on grounds other than those upon which the appeals to this Court are founded. 2. Appeals allowed. 3. Set ...
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Northern Territory of Australia v Arnhem Land Aboriginal Land Trust [2008] HCA 29 (30 July 2008) (GLEESON CJ, GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ)


Catchwords
Northern Territory of Australia v Arnhem Land Aboriginal Trust Aboriginals - Land rights - Rights to exclude persons from tidal waters under Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) ("Land Rights Act") - Grants of "Estate in Fee Simple" extending to low water mark - Grants subje...
Orders
1. Appeal allowed in part. 2. Set aside the order first numbered 2 of the orders of the Full Court of the Federal Court of Australia made on 2 March 2007 and, in its place, order that it be declared ...
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CGU Insurance Limited v Porthouse [2008] HCA 30 (30 July 2008) (GUMMOW, KIRBY, HEYDON, CRENNAN AND KIEFEL JJ)


Catchwords
Insurance - Professional indemnity - Barrister's liability policy conforming with Legal Profession Act 1987 (NSW) - "Known Circumstance" exclusion - "Known Circumstance" defined to include any fact, situation or circumstance which a reasonable person in the insured's professional position would have...
Orders
1. Appeal allowed. 2. Set aside the order of the Court of Appeal of the Supreme Court of New South Wales made on 11 April 2007 and, in its place, order that: (a) the appeal to that Court be allowed;...
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Shi v Migration Agents Registration Authority [2008] HCA 31 (30 July 2008) (KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ)


Catchwords
Administrative law - Application for review by Administrative Appeals Tribunal ("Tribunal") - Decision by Migration Agents Registration Authority ("the Authority") to cancel registration of migration agent - Tribunal's task to determine what was the correct or preferable decision - Whether Tribunal ...
Orders
1. Appeal allowed with costs. 2. Set aside the orders of the Full Court of the Federal Court of Australia made on 27 April 2007 and, in their place, order that: (a) the appeal to that Court be a...
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Lumbers v W Cook Builders Pty Ltd (in liquidation) [2008] HCA 27 (18 June 2008) (GLEESON CJ, GUMMOW, HAYNE, CRENNAN AND KIEFEL JJ)


Catchwords
Quantum meruit - Services performed and subcontractors paid - Entitlement to compensation - Appellants entered into oral agreement with building company for construction of domestic dwelling - Respondent performed some of the construction work - Appellants did not request respondent perform any serv...
Orders
1. Appeal allowed with costs. 2. Set aside the orders of the Full Court of the Supreme Court of South Australia made on 1 March 2007 and, in their place, order that the appeal to that Court be dismis...
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