| Australian
Communications and Media Authority v Today FM (Sydney) Pty Ltd (HCA)
- ACMA empowered to find person committed criminal offence in determining
whether licensee breached condition under Broadcasting
Services Act 1992 (Cth) (I G) |
| Korda
v Australian Executor Trustees (SA) Ltd (HCA) - trusts and trustees
- investment scheme - investors did not hold beneficial interest in companies’
sale proceeds on receipt by companies - appeal allowed (B) |
| Hofman;
Sly, Powderly & Cunnington v State of NSW (NSWSC)
– pleadings – limitation of actions – joint tortfeasors – leave to amend
cross-claims (I) |
| Chapman
v Colson (NSWSC) – loan agreement – self-represented litigant –
limitation defence – procedural fairness – appeal dismissed (I B) |
| In
the matter of Anglican Development Fund Diocese of Bathurst Board (recs and
mgrs apptd) (NSWSC) – costs – receivers to have costs of
application to make interim distribution to creditors as costs in receivership
of company (I B C) |
| Kirkham
v Tassone (SASCFC) – security for costs – defamation – permission
to appeal against decision to grant security for costs refused (I) |
| Broadhead
v Prescott (SASC) – succession – family provision – wise and just
testator - family provision order in favour of children of deceased (B) |
| Summaries With Link (Five Minute Read) |
Australian
Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7
High Court of Australia
French CJ; Hayne, Kiefel, Bell, Gageler
& Keane JJ
Administrative law - statutory
interpretation - commercial radio broadcast of hoax call to UK hospital at
which Duchess of Cambridge was a patient - ACMA conducted investigation and prepared
report pursuant to ss170 & 178(1) Broadcasting
Services Act 1992 (Cth) (BSA) - primary judge dismissed Today FM’s
application for declaration that ss10 &12 Australian Communications and Media Authority Act 2005 (Cth) and
ss5, 178(2) & Sch 2, Pt 4, cl8(1)(g) BSA prevented ACMA from finding
commercial radio licence-holder breached licence condition unless and until a competent
court adjudicated that licensee had used broadcasting service in commission of
offence against another Act or law of State or Territory - Full Court of
Federal Court found primary judge erred in construction of relevant provisions
of BSA and set aside determination that Today FM breached licence condition in
cl8(1)(g) - ACMA appealed - held: ACMA had power to make administrative finding
that person committed criminal offence for purpose of determining licence-holder
had breached licence condition prescribed by cl 8(1)(g) - appeal allowed.
Australian
Communications and Media Authority (I G)
|
Korda
v Australian Executor Trustees (SA) Ltd
[2015] HCA 6
High Court of Australia
French CJ; Hayne, Kiefel, Gageler &
Keane JJ
Korda v Australian Executor Trustees
(SA) Ltd [2014] VSCA 65
Court of Appeal of Victoria
Maxwell P, Osborn JA & Robson AJA
Trusts - equity - investment scheme -
investors funded commercial enterprise of timber growing and harvesting carried
on by companies - companies went into administration before sale proceeds paid
to trustee to hold for investors - receivers of companies sought leave to
appeal from decision that investors held beneficial interest in balance of
proceeds before they were handed to trustee - Court of Appeal of Victoria held
by majority that parties intended proceeds from harvesting of timber or from
sale of plantation lands to be held on trust for investors on receipt by
companies - held: scheme documentation did not support existence of trust or
trusts over proceeds in hands of companies - proceeds were not subject to an
express trust in favour of the scheme investors - appeal allowed.
Korda (B)
|
Hofman; Sly, Powderly &
Cunnington v State of NSW
[2015] NSWSC 129
Supreme
Court of New South Wales
Davies
J
Pleadings
- limitation of actions – joint tortfeasors – four plaintiffs claimed assault
including sexual assault and mistreatment by second defendant when they were
students at school – matters settled between plaintiffs and NSW – judgment
entered only against first defendant – first defendant sought to amend
cross-claims against second defendant pursuant to s26 Limitation Act 1969 (NSW) – held: first defendant not
statute-barred from amending cross-claims – no other basis suggested for
amendments being futile – leave granted to first defendant in each matter to
file amended cross-claim.
Hofman;
Sly, Powderly & Cunnington (I)
|
Chapman v Colson [2015] NSWSC 120
Supreme
Court of New South Wales
Harrison
AsJ
Loan
agreement – unrepresented litigant – plaintiff was defendant in Local Court
proceedings concerning dispute over loan agreement – plaintiff sought to appeal
from decision of Magistrate – plaintiff contended Magistrate erred by failing
to give reasons for rejecting his reliance on s14(1) Limitation Act 1969 (NSW) as a defence, by failing to identify the
limitation ground as an issue to be determined, by failing to dismiss
proceedings as result of limitation ground – plaintiff also claimed denial of
procedural fairness – held: plaintiff abandoned limitation issue – not incumbent
on Magistrate to identify it in reasons as issue to be determined – no
obligation to dismiss proceeding on basis of limitation issue – no denial of
procedural fairness – plaintiff could not now rely on limitation defence –
appeal dismissed.
Chapman (I B)
|
In the matter of Anglican
Development Fund Diocese of Bathurst Board (recs and mgrs apptd) [2015] NSWSC 59
Supreme
Court of New South Wales
Black
J
Costs
– Court granted leave to receivers to make interim distribution to creditors –
receivers sought order that Anglican Property Trust Diocese of Bathurst (APT) pay
their costs incurred from date on which APT informed receivers they were
opposing distribution application – held: APT’s submissions had raised matters relevant
to Court’s decision and which were reflected in Court’s form of orders – APT
was at least a proper party to the application - APT had a degree of success in
application - there was proper basis for APT to identify concern as to issue of
independence - no order as to APT’s costs of application - receivers to have
costs of the application as costs in the receivership of Anglican Development
Fund Diocese of Bathurst Board (ADF).
In
the matter of Anglican Development Fund Diocese of Bathurst Board (I B C)
|
Kirkham v Tassone [2015] SASCFC 21
Full
Court of the Supreme Court of South Australia
Gray,
Sulan & Nicholson JJ
Security
for costs – defamation – Court found respondent established special
circumstances warranting security for costs - appellant contended Chief Justice
erred in finding special circumstances existed pursuant to r295(1)(g) Supreme Court Rules 2006 (SA) and in
assessing merits of appeal – appellant contended Chief Justice made errors of
fact, failed to have regard to all grounds of appeal and erred in finding contingency
arrangement with his solicitors relevant to assessment of application – held:
matters raised by appellant did not justify permission to appeal – Chief
Justice’s decision not attended with sufficient doubt to warrant reconsideration
on appeal – permission to appeal refused.
Kirkham (I)
|
Broadhead v Prescott [2015] SASC 34
Supreme
Court of South Australia
Dart
J
Succession
– family provision – plaintiffs were deceased’s children – plaintiff made claim
under Inheritance (Family Provision) Act
1972 (SA) – deceased had left whole estate to two other children – ss7, 8
& 14 – wise and just testator – words in the will - held:
Court satisfied that each of the plaintiffs left without adequate provision for
proper maintenance, education or advancement in life – Court satisfied wise and
just testator would have made provision for plaintiffs – provision order made.
Broadhead (B)
|
| CRIMINAL LAW WEEKLY ADDENDUM |
| Executive Summary |
| El-Haddad v R (NSWCCA)
- conviction for importation of drugs - coincidence/tendency evidence
admissible - appeal dismissed |
| Summaries With Link |
El-Haddad v R [2015] NSWCCA 10
Court
of Criminal Appeal of New South Wales
Leeming
JA; McCallum & RA Hulme JJ
Importation
of drugs - tendency and coincidence evidence - appellant convicted of four
counts (Counts 1, 2, 3 and 5) of importing marketable quantities of drugs
contrary to ss307.2(1) & 307.12(1) Criminal
Code 1995 (Cth) and one count of importing commercial quantity of border
controlled drug contrary to s307.1(1) (Count 4) - appellant challenged
admission of evidence with respect to Counts 1, 2, 3 and 5 as tendency or
coincidence evidence with respect to Count 4 and vice versa - insertion of new
definition of import into the Code by
Crimes Legislation Amendment (Serious and
Organised Crime) Act (No 2) 2010 (Cth) - probative value of evidence -
relevance of dissimilarities - held: coincidence evidence was admissible and
also admissible as tendency evidence - requirements of ss98 & 101 Evidence
Act 1995 (NSW) satisfied - similarities sufficient to give evidence significant
probative value - primary judge correct to reject application for directed
verdict on Count 4 - appeal dismissed.
El-Haddad |
Sunday
Evening in the Common
By John Hall Wheelock
LOOK—on the topmost branches of the world
The blossoms of the
myriad stars are thick;
Over the huddled rows
of stone and brick,
A few, sad wisps of empty smoke are curled
Like ghosts, languid
and sick.
One breathless moment now the city’s moaning
Fades, and the
endless streets seem vague and dim;
There is no sound
around the whole world’s rim,
Save in the distance a small band is droning
Some desolate old
hymn.
Van Wyck, how often have we been together
When this same moment
made all mysteries clear;
—The infinite stars
that brood above us here,
And the gray city in the soft June weather,
So tawdry and so
dear!
John Hall Wheelock
|
