High Court hands down three decisions

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Daily wrap  

• Federal government loses High Court case over legality of curfew and ankle bracelets for those freed from immigration detention - ABC News
   

  • Judgment summary here - YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 40 (6 November 2024)
     

  • Burke says government can enforce ankle bracelets and curfews for former immigration detainees despite high court ruling | Australian politics | The Guardian
     

  • Up to 29 people freed from Australian immigration detention to have visa breach charges dropped | Australian immigration and asylum | The Guardian
     

• High Court rules Toyota and Ford owners can proceed with appeal in faulty vehicles compensation case - ABC News
   

  • Judgment summaries here - Williams v Toyota Motor Corporation Australia Limited; Toyota Motor Corporation Australia Limited v Williams [2024] HCA 38 (6 November 2024) and Capic v Ford Motor Company of Australia Pty Ltd [2024] HCA 39 (6 November 2024)
     

• Sydney judge blasted over ‘rash’ comments in sexual assault case [SMH paywall]

  A high-profile Sydney barrister has backed a District Court judge who came under fire from the judicial watchdog over a decision in a rape case.
   

• Mystery silk in Bruce Lehrmann defamation appeal | news.com.au — Australia’s leading news site
   

  • Bruce Lehrmann's appeal against findings of defamation case not expected to be heard until August 2025 - ABC News
     

• Qantas agrees to change assistance dog processes after being sued for disability discrimination - ABC News
   

• Pauline Hanson breaks down after racial discrimination judgment | news.com.au — Australia’s leading news site
   

Editor’s picks

• High Court judge warns of world’s ‘slide towards autocracy’ [AFR paywall]

  Elsewhere, voting closes today in Victorian Bar Council elections, and Justice Ian Jackman continues on his anti-direct speech crusade.
   

• Human Rights and the Constitution - YouTube

  “This video attempts to answer a question apparently asked in the NSW Legal Studies exam for the Higher School Certificate. I have been told that the question was: ‘In relation to human rights, discuss the extent to which the Australian Constitution reflects changing values and ethical standards’. (I haven't seen the exam paper, so for present purposes I'm assuming that this was the formulation of one of the questions.)”
   

• Bevan v Bingham - NSW Caselaw

  [1] “This judgment initially involved an appeal from a costs order made by Bellew J on 7 February 2023. There has been a sad history of litigation between the parties. This judgment is confined to the issue of the costs of this appeal.”

  [3] “The plaintiff is Christopher John Bevan (Mr. Bevan). He is a practicing barrister. The first defendant is John David Bingham (Mr. Bingham). He is a practicing solicitor…”

  [34] “Mr Bevan’s argument that “where a contract that is intended to comply with a statutory regime for that class of contracts fails to comply with that statutory regime, there is no contract at all in existence for the purposes of common law contractual principles”, ought to be rejected…”
   

• Banks and social media companies to be fined over scams under new Australian laws touted as ‘strongest in world’ | Scams | The Guardian
   

• Mexico to pursue judicial elections plan after top court fails to block reform | Mexico | The Guardian
   

• Facebook asks US supreme court to dismiss fraud suit over Cambridge Analytica scandal | Facebook | The Guardian
   

 
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