| Duncan
v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW (HCA)
- constitutional law - cancellation of exploration licences - validity of provisions of Sched 6A Mining Act 1992 (NSW) upheld (I B C G) |
| White v The Local
Health Authority (NSWSC) - habeas corpus - plaintiff under guardianship released from
mental health facility (I B) |
| Application
of the NSW Trustee and Guardian; Estate of SGB (NSWSC)
- trusts and trustees - intestacy - judicial advice given concerning
distribution of estate (B) |
| Big Country
Developments Pty Ltd v Griffiths (NSWSC) - evidence - cross-examination of
witness by video link refused (I B) |
| Fast v Rockman (VSCA) - trusts and
trustees - refusal of application for directions - hypothetical questions about
future events - appeal dismissed (B) |
| Walsh v WorleyParsons Ltd (VSC) - discovery -
subpoenas set aside on grounds they constituted impermissible fishing (I B) |
| Lawrie v Lawler (NTSC) - administrative
law - inquiry into proposed grant of lease of Crown land by Minister - no
denial of procedural fairness - report not quashed (B G) |
| Summaries (Five Minute Read) with Link |
Duncan
v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW [2015] HCA 13
High Court of Australia
French CJ; Hayne, Kiefel,
Bell, Gageler, Keane & Nettle JJ
Constitutional law - special
case - questions for determination - three proceedings challenging validity of provisions
of Sched 6A Mining Act 1992 (NSW) inserted
into Mining Act by Mining Amendment (ICAC
Operations Jasper and Acacia) Act 2014 (NSW) which cancelled three exploration
licences without compensation - Amendment Act was enacted following
consideration by New South Wales Parliament of reports of ICAC investigations -
proceedings brought by the corporate licensees of two of the cancelled
exploration licences, their parent company and one of its former directors, and
the parent company of the corporate licensee of the other cancelled exploration
licence - held: validity of provisions upheld - Amendment Act was a law within
competence of New South Wales Parliament - Amendment Act did not involve exercise
of judicial power so the existence and scope of an implied limitation on the ability
to exercise judicial power did not arise for consideration.
Duncan
(I B C G)
|
White
v The Local Health Authority
[2015] NSWSC 417
Supreme Court of New South
Wales
Slattery J
Mental health - habeas corpus
- plaintiff being kept against will in Adult Mental Health Unit since November
2013 - plaintiff neither “mentally ill person” or “mentally disordered person” under
Mental Health Act 2007 (NSW) -
plaintiff with assistance of tutor sought order in nature of habeas corpus under
s61 Supreme Court Act 1970 (NSW) for
release and alternatively under s166 Mental Health Act - operation of Guardianship Act 1987 (NSW) and Mental
Health Act - whether Public Guardian authorised under Guardianship Act and
Mental Health Act to make decision to admit plaintiff to facility - whether
power validly exercised on the evidence - held: plaintiff entitled to be
released - Court had grave misgivings about releasing plaintiff without plan
for immediate future - Court prepared to grant short stay to enable parties to
consult concerning plan for plaintiff.
White
(I B)
|
Application
of the NSW Trustee and Guardian; Estate of SGB [2015] NSWSC 398
Supreme Court of New South
Wales
White J
Wills and estates - trusts and
trustees - intestacy - application for judicial advice concerning distribution
of estate - deceased died intestate with no spouse or issue - deceased’s mother
identified and half of estate distributed to her - deceased’s father located -
father not capable - evidence that father’s attorney had informed NSW Trustee
by telephone that no claim would be made on estate - held: NSW Trustee entitled
to proceed on basis telephone advice was genuine, that the disclaimer effective,
and that it was justified in distributing balance of estate to deceased’s
mother - procedure to be undertaken in accordance with s63 Trustee Act 1925 (NSW) - orders made.
SGB
(B)
|
Big
Country Developments Pty Ltd v Griffiths
[2015] NSWSC 414
Supreme Court of New South
Wales
Kunc J
Evidence - fourth defendant
sought order pursuant to Pt 31 r31.3 Uniform
Civil Procedure Rules 2005 (NSW) for cross-examination of witness to be
taken by audio-visual link from London - held: evidence did not sustain finding
that witness unable to travel to Australia - Court not satisfied cost of coming
to Australia so disproportionate to amount of money at stake that it would otherwise
depart from usual position - no explanation for absence of medical evidence as
to witness’s illness or for delay in making application - no evidence video
link could take place - application dismissed.
BigCountry
(I B)
|
Fast
v Rockman
[2015] VSCA 61
Court of Appeal of Victoria
Warren CJ, Santamaria JA &
Ginnane AJA
Trusts and trustees - first,
second and third appellants were executors of deceased’s estate - respondents
were infant children of deceased - appeal against dismissal of application in which
appellants sought directions about their duties as trustees or as directors of
companies which were trustees - primary judge held questions in originating motion
were hypothetical questions about future events - r54.02 Supreme Court (General Civil Procedure) Rules 2005 (Vic) - held: Court
not persuaded primary judge erred in dismissing application - no inadequacy of
reasons - no error in exercise of discretion as to costs - appeal dismissed.
Fast
(B)
|
Walsh
v WorleyParsons Ltd [2015]
VSC 135
Supreme Court of Victoria
Almond J
Discovery - plaintiff sought
order that subpoenas be set aside on grounds they were are fishing, vexatious,
oppressive, abuse of process and breach of defendant’s overarching obligations under
ss16, 19, 20 & 24 Civil Procedure Act
2010 (Vic) - legitimate forensic purpose - r42.04(1) Supreme Court (General Civil Procedure) Rules 2005 (Vic) - held:
certain subpoenas set aside on grounds they constituted impermissible fishing.
Walsh
(I B)
|
Lawrie
v Lawler
[2015] NTSC 19
Supreme Court of the Northern
Territory
Southwood J
Administrative law - Legislative
Assembly of the Northern Territory resolved under s4A Inquiries
Act (NT) that person be appointed to inquire into circumstances of Minister’s
decision to grant a lease over lot and
report to Administrator - plaintiff claimed Commissioner’s report contained
adverse findings and recommendations which damaged her reputation - plaintiff
claimed she was denied procedural fairness by denied an opportunity to respond
to the adverse findings about her before Commissioner finalised report -
plaintiff sought to quash report - held: plaintiff’s claim could not be
sustained - plaintiff was accorded procedural fairness - even if Court wrong in
that conclusion, plaintiff had waived any right to greater procedural fairness
than Commissioner accorded her
Lawrie
(B G)
|
| CRIMINAL |
| Executive Summary |
| R
v Simmons; R v Moore (NSWSC) - criminal law - assumed identities - orders
to protect identities of undercover operatives - non-publication orders |
| R
v Simmons (No 6) (NSWSC) - criminal law - evidence - privilege
against self-incrimination - witness required to give evidence |
| Summaries With Link |
R
v Simmons; R v Moore [2015] NSWSC 73
Supreme Court of New South Wales
Hamill J
Criminal law - assumed
identities - New South Wales Commissioner of Police sought orders to protect identity
of witnesses who were undercover operatives - orders sought under Law Enforcement and National Security
(Assumed Identities) Act 2010 (NSW) - Commissioner also sought non-publication
orders under Court Suppression and
Non-publication Orders Act 2010 (NSW) - held: in interests of justice to do
what was necessary to protect witnesses’ identities - Court satisfied
non-publication order necessary to prevent prejudice to the proper
administration - orders made. RvSimmons |
R
v Simmons (No 6)
[2015] NSWSC 418
Supreme Court of New South
Wales
Hamill J
Criminal law - evidence -
privilege against self-incrimination - accused was on trial for murder - Crown called
witness who was previously co-accused to give evidence - witness’s charge
reduced to accessory after the fact to murder - whether witness should be required
to give evidence over anticipated objection pursuant to s 128 Evidence Act 1995 (NSW) on basis it
might tend to prove he committed offence - seriousness of charge of murder - potential
significance of evidence - no pending charges against witness - unlikelihood
that decision to discontinue would be revisited by DPP - X7 v Australian Crime Commission [2013] HCA 29 - held: there were
reasonable grounds for objection taken by witness - it was in interests of
justice that witness be required to give evidence
RvSimmonsNo.6 |
Tall
Nettles
By Edward Thomas
TALL nettles cover up, as they have done
These many springs, the rusty harrow, the plough
Long worn out, and the roller made of stone:
Only the elm butt tops the nettles now.
This corner of the farmyard I like most:
As well as any bloom upon a flower
I like the dust on the nettles, never lost
Except to prove the sweetness of a shower.
Edward Thomas
|
