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Daily wrap
“This video addresses the question of the likely validity of the Australian Commonwealth Government's response to the High Court's YBFZ judgment. That response involved the making of a new regulation to allow a Minister to impose curfews and ankle bracelet monitoring on released immigration detainees.”
Editor’s picks
28.6% of participants intended to leave their current employer within the next year, 8.4% of participants intended to leave the profession within the next year
Bar associations have leant on advice from a former High Court judge in their latest effort to carve out an exemption to AML/CTF reforms.
[55] Can it be said that the unattributed replication of Mrs Kelly’s submissions by the first primary Judge in the Liability Judgment, to such a significant degree, was such that it should be inferred that his Honour did not make an independent decision on the whole of the evidence and the law before the Court? I am satisfied that such an inference can, and should, be drawn.
[22] In New South Wales, there is another stream of litigation. I understand there has been considerable evidence heard before a Local Court on a committal hearing as to how the prosecuting authorities managed to effectively “crack” the system and obtain the information. I am told that there are significant expert issues between competing experts and that the factual underpinning of any challenge to evidence from ANOM in New South Wales will be based on that evidence, which is different to the evidence that was before the Courts in South Australia. What this means is the outcome of the South Australian litigation in the High Court may well not be determinative of the admissibility of ANOM evidence in NSW or indeed anywhere.
“Please Watch! Advice from experienced National Lawyers Guild attorneys.”
International
The most senior former judges in England and Wales have called on the government to reverse the trend of imposing ever longer sentences, giving warning that radical solutions are needed to address the acute crisis in prisons.
The High Court will tomorrow hear the matter of Bogan & Anor v The Estate of Peter John Smedley (deceased) & Ors hcourt.gov.au/assets/registr…
— #High Court of Australia (#@HighCourtofAus)
4:48 AM • Nov 11, 2024
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