HCA appeal re application of Sacred Sites Act to Cth continues

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Daily wrap  

• From Kakadu to Australia's High Court: Custodians' final appeal over impact to sacred site
   

• Tasmanian government recalls parliament to suspend Justice Gregory Geason, then decides best course of action is to do nothing - ABC News
   

• Mehreen Faruqi launches crowdfunding campaign to finance racial vilification case against Pauline Hanson | Pauline Hanson | The Guardian
   

• Sky News produces alleged secret recording of conversation between Brittany Higgins's lawyer and fiance 
   

  • Bruce Lehrmann’s lawyer accuses The Project of not checking ‘credibility’ of Brittany Higgins claims | Australia news | The Guardian
     

  • Lehrmann proceedings day 14 – as it happened | Australia news | The Guardian
     

  • Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577
     

• Russian billionaire represented by former attorney-general Christian Porter fighting to overturn Australian ban - ABC News
   

• Government assembles board to manage detainees released by High Court decision
   

• A Stolen Generations class action settled eight months ago. Descendants are yet to see a cent
   

• Billionaire Pratts’ stoush with half sister to heat up [The Australian paywall]
   

• Fitbit hit with $11m fine in Australia after misleading customers over returns and warranties | Australian Competition and Consumer Commission (ACCC) | The Guardian
   

Editor’s picks

• Re-Writing Section 90: Vanderstock and the new meaning of excise — Anne Twomey — Australian Public Law
   

  • “There is no need for an academic assessment of the flaws in the reasoning of the majority, as the minority judgments have meticulously dissected and footnoted them.  The evidence is laid bare for all to see.”
     

• Cleaning up the Climate Change Act - Law Society Journal
   

• Super fund in strife for greenwashing – Proctor
   

• Farewell Sitting for the Hon. Justice Stephen Robb - 9:15am Wednesday 13 December 2023 - YouTube
   

• Cyclone Jasper forces NQ court changes – Proctor
   

• Kisun, by his litigation representative Kisun v New Zealand [2023] FCA 1576
   

  • As the Full Court’s decisions in New Zealand v Moloney [2006] FCAFC 143; 154 FCR 250 at [36]-[37] and Coates-Kelly v New Zealand [2022] FCAFC 131; 294 FCR 422 at [92] well show, extradition to New Zealand sits in a special position. The courts of this country have high regard for the courts of New Zealand and proceed on the basis that it may be accepted that proceedings before them are conducted fairly. If the Applicant has a good argument that he is not fit to stand trial then I am bound to proceed on the basis that he may make that submission to the New Zealand court in which he is arraigned and, further, that his submission will be dealt with fairly.
     

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The Headnote team

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