Austlii publishes more files from seminal High Court cases

Was this email forwarded to you?

Sign up for our free daily email newsletter at headnote.com.au

Daily wrap  

• DPP in secret warning to judge [The Australian paywall]

  NSW chief prosecutor Sally Dowling has been accused of attempting to influence a District Court judge’s conduct in the middle of a criminal hearing.
   

• Dirty money loophole: Judge rules crims’ cash illegally seized for 19 years [The Advertiser paywall]

  A bombshell ruling by SA’s top judge means authorities have illegally seized vast sums of money from criminals’ bank accounts since 2005, prompting an urgent change to state law
   

• Melbourne courts: Sleepy juror leads to overturned conviction for man jailed after bar fight [The Age paywall]
   

  • Doyle v The King [2024] VSCA 120 (5 June 2024)
     

• IT expert wins long-running freedom of information court battle over robodebt documents | Centrelink debt recovery | The Guardian
   

  • Warren v Chief Executive Officer, Services Australia [2024] FCAFC 73
     

• AAT plagiarist survives administrative cull [AFR paywall]

  The body that decides on immigration appeals is getting a revamp. Though some familiar faces remain.
   

  • DZH16 v Minister for Immigration & Anor [2020] FCCA 1041 (8 May 2020)
     

• The five biggest moments in Greg Lynn's testimony in the Victorian campers murder trial
   

  • Greg Lynn's reality surpasses The Truman Show, as he testifies in his own murder trial - ABC News
     

• Non-citizen Andrew Giles wanted to be ‘rid of’ cannot be deported, court rules | Australian immigration and asylum | The Guardian
   

• Adelaide's SkyCity casino ordered to pay $67m fine over money laundering case - ABC News
   

  • SkyCity ordered to pay $67 million penalty for AML/CTF breaches | Our ministers – Attorney-General’s portfolio
     

• Call to scrap mandatory jury trials for rape cases [The Australian paywall]

  Accused rapists should have the right for their trial to be heard before a judge only in all jurisdictions, Australia’s peak lawyers body says.
   

  • Justice responses to sexual violence - Australian Lawyers Alliance Limited
     

• One in four cases before NSW local courts last year related to domestic violence, data reveals | New South Wales | The Guardian
   

• Lendlease, PwC reject claims by whistleblower [The Australian paywall]

  Lendlease and PwC Australia say claims by former corporate tax lawyer Anthony Watson for whistleblower protections and compensation are wrong.

Editor’s picks

• A new batch of 9 High Court Seminal Case Files have been released. They are available here and includes files from the following cases:

  • Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24; (1982) 149 CLR 337

  • Cole v Whitfield [1988] HCA 18; (1988) 16S CLR 360 ("Tasmanian Lobster case")

  • Nationwide News Pty Ltd v Wills [1992] HCA 46; (1992) 177 CLR 1

  • The Wik Peoples v The State of Queensland & Ors; The Thayorre People v The State of Queensland & Ors [1996] HCA 40; (1996) 187 CLR 1 ("Pastoral Leases case")

  • Kruger v Commonwealth [1997] HCA 27; (1997) 190 CLR 1 ("Stolen Generations case")

  • Lange v Australian Broadcasting Corporation [1997] HCA 25; (1997) 189 CLR 520 ("Political Free Speech case")

  • Re Wakim; Ex parte McNally [1999] HCA 27; (1999) 198 CLR 511 ("Cross-vesting case")

  • Al-Kateb v Godwin (2004) [2004] HCA 37; 219 CLR 562

  • Roach v Electoral Commissioner [2007] HCA 43; (2007) 233 CLR 162
     

• AI for lawyers: How corporate legal professionals are using game-changing AI in their daily work practice [AFR paywall]
   

• Who is the head of state of Australia? - Anne Twomey - YouTube
   

• Qld Bar Association Amendment to rules

  “As a consequence, the Bar Council of the Association on 20 May 2024 unanimously resolved to amend the Barristers’ Conduct Rules to expressly prohibit barristers having any interest or shareholding in an incorporated legal practice, other than one that is a publicly listed company”
   

• ‘Junk science’ is being used in courtrooms across Australia. We should all be worried [SMH paywall]

  The handling of expert opinion evidence by Australian courts is in a crisis. Curiously, our courts appear oblivious.
   

• The man who made ‘saintly’ judge lose his cool [AFR paywall]

  A biography of Sir Gerard Brennan reveals the family man who will be remembered for his Mabo judgment.
   

  • Sir Gerard Brennan - The Federation Press
     

• The Registrar of the Supreme Court of Queensland v Wood (No 3) [2024] QSC 116 (6 June 2024)
   

  • COURTS AND JUDGES – CONTEMPT – PARTICULAR CONTEMPTS – CONTEMPT IN THE FACE OF THE COURT – OTHER MATTERS – where applications, concerning civil proceedings involving the respondent, were heard by a judge of the Supreme Court – where during the hearing the respondent said, among other things of a similar nature: “I’m just astounded that the Supreme Court is so incompetent”; “I hope these people are worth spending the rest of your life in prison”; “The court is corrupt”; that the judge had not “acted in good faith” – where the respondent was given an opportunity by the judge to withdraw the comments – where the respondent refused to do so and made further comments towards the judge – where the court directed the registrar to apply to the court for the respondent to be punished for contempt pursuant to r 928 of the UCPR – whether by making the statements the respondent was guilty of contempt in the face of the court
     

• Legal Considerations in Machine-Assisted Decision-Making: Planning and Building as a Case Study by Yee-Fui Ng, Eric Windholz, James Moutsias :: SSRN

International

• Appeals court tells Texas it cannot ban books for mentioning ‘butt and fart’ | US politics | The Guardian
   

• 'Real Martha' Fiona Harvey files $255 million lawsuit against Netflix over portrayal in Baby Reindeer - ABC News
   

• Justice Thomas raked in staggering $2.4 million in gifts, watchdog says | The Independent
   

• Kim Kardashian Shares Update on Her Law School Progress

We welcome your feedback, which you can send to [email protected]