High Court special leave results

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Daily wrap  

• Results of applications for special leave to appeal determined yesterday (7 grants out of 32 matters)
   

• Rising Tide's Newcastle coal port protest blocked by NSW Supreme Court - ABC News
   

  • Commissioner of Police v Coglin - NSW Caselaw
     

• Brisbane City Councillor Emily Kim offers to shout Pauline Hanson bubble tea after legal threat - ABC News
   

  • Pauline Hanson claims Brisbane councillor racially vilified her by calling One Nation ‘racist’ | Queensland politics | The Guardian
     

• Jury watches as woman switches to third alternate identity of a five year old in child sex abuse trial - ABC News
   

• ATO whistleblower Richard Boyle to face trial after high court refuses attempt to appeal | Tax | The Guardian
   

  • Boyle v Commonwealth Director of Public Prosecutions [2024] HCASL 282 (7 November 2024)
     

• Ex-lawyer reveals why internal PwC probe failed to find tax leak [AFR paywall]

  PwC Australia’s former general counsel says her initial investigation into potential breaches of confidentiality by a former partner did not detect problems because partners gave her inadequate evidence to examine.
   

• McPhillamys goldmine owner launches legal review over Plibersek’s Aboriginal heritage decision | Rural Australia | The Guardian

   

Editor’s picks

• Report of the Conduct Division of the Judicial Commission of New South Wales - Complaint by Director of Public Prosecutions (NSW) Against Whitford SC DCJ - credit to Justinian for publishing this.
   

• R (Cth) v Mohr (No. 4) - NSW Caselaw

  [2] The information that came to the Court from the Court Officer was to the effect that one juror had made inquiries of the Court Officer concerning the accused. Those inquiries were, firstly, as to his method or means of transport to and from court each day and, secondly, as to whether at the conclusion of the trial proceedings, the juror would be able to make contact with and meet up with the accused.

  [3] There was some further information, although of much lesser significance, to the effect that the juror's conduct in the confines of the jury's smoking area was unusual and such as perhaps to give rise to some concern as to his understanding of the seriousness of his task. That consisted of some information that the juror, during smoking breaks, lies at full length on the ground in an external although gated laneway, and stares at the sky.
   

• Pascoe (in his capacity as administrator of the Estate of the Late Kut Sze Tu and as constructive trustee) - Hammerschlag CJ in Eq - NSW Caselaw

  [16] The death of the Deceased was followed by a burgeoning litiscrescence as the various protagonists claiming an interest in the proceeds of, and profits derived from, the Properties sought to stake their claims.”
   

  • any lexicographers out there able to help? This is what ChatGPT reckons it means - The term "litiscrescence" doesn’t have a standard meaning in English or legal terminology. It could be a blend of litigation and crescence (which refers to growth or development), potentially suggesting an idea like "growth of litigation" or "expansion in legal disputes."
     

• Robodebt Royal Commission Confidential Chapter | Our ministers – Attorney-General’s portfolio

  In the interests of transparency and accountability the Albanese Government proposes to publish the confidential additional chapter of the Robodebt Royal Commission report at the first appropriate opportunity.
   

• Communication highways and AI: International responses to manipulated realities - Justice Melissa Perry (FCA), International JAG Conference
   

• Judicial review of statutes - Justice Nye Perram (FCA), Sir Maurice Byers Lecture
    

• Pout v Shipway - ACT Supreme Court

  CATCHWORDS - PRACTICE AND PRODECURE – PRODUCTION AND INSPECTION – Application to compel compliance with Notice for Non-Party Production – Notice issued to insurer for the defendant – response from insurer almost entirely inappropriate – it included statements that were self-evidently false – it will not really cost $80,000,000.00 to comply with the Notice
   

• The law firms trawling through corporate scandals [AFR paywall]

  Demand for law firm-led investigations has grown but concerns remain about their independence and probative value.
   

• Plea Deals for Accused 9/11 Plotters Are Valid, Judge Rules - The New York Times
   

 
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