Gageler CJ on state of the judicature

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Daily wrap  

• The High Court handed down 3 decisions yesterday, judgment summaries below:
   

  • Pearson v Commonwealth of Australia & Ors; JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor; Tapiki v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 46
     

  • Bianca Fuller & Anor v Mark Lawrence [2024] HCA 45
     

  • BIF23 by his litigation guardian the Public Advocate v Minister for Immigration, Citizenship & Multicultural Affairs [2024] HCA 44
     

• Pauline Hanson loses bid to reduce costs owed to Mehreen Faruqi after racial discrimination case | Pauline Hanson | The Guardian
   

  • Faruqi v Hanson (Costs) [2024] FCA 1389

    [11] Indeed, at the first case management hearing in the matter, on 1 June 2023, senior counsel for the respondent indicated that consideration was being given to removing the case to the High Court for the purpose of the constitutional challenge. The respondent briefed two senior counsel and one junior for the trial. At one point I was advised that a leading constitutional law and High Court senior counsel (B Walker SC) had been retained by the respondent and I was asked to accommodate his availability when listing the matter for trial (transcript of 2 February 2024, T10:1-7).

    …

    [14] In those circumstances, it is clear to me that this matter could not more suitably have been brought in the FCFCOA. It was quite appropriately brought in this Court. There is no basis on which it might be concluded that the applicant “through oversight or incompetence” brought and continued the proceeding “in an inappropriate Court in the judicial hierarchy.” The deliberate decision to bring the proceeding in this Court is amply justified.
     

• Class action against Queensland's government-owned electricity generators dismissed - ABC News
   

  • Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd [2024] FCA 1382
     

• Monash University faces federal court prosecution for wage theft: 4-6 December 2024, Melbourne - News Hub
   

• Court documents reveal more details about historical charges laid against broadcaster Alan Jones - ABC News
   

• Easey Street double murder and rape accused faces Melbourne court nearly 50 years after alleged attack | Australia news | The Guardian
   

Editor’s picks

• The State of the Australian Judicature in 2024 - Chief Justice Stephen Gageler
   

• Mr Alexander Lew v State of Victoria T/A Office of Public Prosecutions - [2024] FWC 3344 | Fair Work Commission

  [9] All of the above establishes that the OPP is an important and significant public institution. It should not be involved in litigation with its own employees, over a (relatively minor) reclassification dispute

  [22] It is clear from the materials filed in this matter and the duration of it, that much time and energy have been expended by the OPP in defending this matter. Likely the resources applied to it have been considerable too. One can only assume that the polite, reasoned and skilful advocacy of Mr McDermott of counsel comes at a not insignificant cost to the taxpayer (certainly many times more than the $1 per annum cost attached to reclassifying Mr Lew at VPS Grade 6.2).
   

• Wave of partner exits unsettles Clyde & Co amid turnaround struggles [AFR paywall]

  The London-headquartered law firm’s entire local cybersecurity practice is leaving, taking to one-third the number of senior departures over the last 12 months.
   

• Man has ‘finely tuned’ plan to find £500m bitcoin thrown in tip, Cardiff court told | Wales | The Guardian
   

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