Son of former HCA justice appointed to NSWCA

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Daily wrap  

• NSW Court of Appeal: Barrister and novelist Richard McHugh appointed a judge [AFR paywall]

  “Leading barrister and novelist Richard McHugh, SC, has followed in the footsteps of his father, Michael, with his appointment to the NSW Court of Appeal on Wednesday.”
   

  • Richard McHugh SC appointed as a Judge of Appeal of the Supreme Court of NSW | NSW Government
     

• Yesterday the High Court handed down three decisions. Judgment summaries available below:

   

  • Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 (7 August 2024)
     

  • Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25 (7 August 2024)
     

  • Cook (a pseudonym) v The King [2024] HCA 26 (7 August 2024)
     

• Linda Reynolds accuses Mark Dreyfus of ‘seeking to silence’ her during Brittany Higgins settlement | Defamation law (Australia) | The Guardian
   

  • Court hears of messages between barrister and senator – as it happened | Australia news | The Guardian
     

• Companies behind Pep11 ask court to force Albanese government decision on NSW gas project | Australian politics | The Guardian
   

• Law student avoids conviction after 'lapse in judgement' assault at Sydney Opera House pro-Palestinian rally - ABC News
   

• Fortescue outlines its case over claim of IP theft [The Australian payawll]

  Fortescue staff, in documents filed in court, say the timelines and funding for alleged intellectual property thief Element Zero don’t add up.
   

  • Fortescue Limited v Element Zero Pty Limited: Online File
     

  • Justice Markovic will conduct an interlocutory hearing in this matter today at 10:15am AEST, available here: NSD527/2024 Fortescue Limited ACN 002 594 872 & Ors v Element Zero Pty Limited ACN 664 342 081 & Ors - YouTube
     

• Warning on #MeToo redo: ‘presumption of innocence must stand’ [The Australian paywall]

  Australia’s peak legal body, the Law Council of Australia, is challenging a movement to reshape the administration of rape trials in the wake of #MeToo, declaring the presumption of innocence and the rule of law must remain sacrosanct.
   

• CFMEU scandal: Fair Work Commission probe pushes to eject hundreds of officials [SMH paywall]

  Australia’s union watchdog wants to oust hundreds of CFMEU officials, including national secretary Zach Smith, claiming the construction divisions of the troubled union can no longer function effectively.

   

  • General Manager, Fair Work Commission v Construction, Forestry and Maritime Employees Union & Ors: Online File

    “The Federal Court has established this online file in view of the public interest. Documents will be placed here when considered publicly accessible. This is the only way documents can be viewed by third parties. Applications for access to the registry are therefore unnecessary.”

     

• Paul Kent launches News Corp unfair dismissal proceedings [SMH paywall]

  High-profile rugby league television personality Paul Kent has launched proceedings against News Corp over his dismissal after a late-night street brawl in Sydney’s inner west.

• Two Victorian Building Authority workers charged by corruption watchdog - ABC News
   

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Editor’s picks

• How do lawyers fare as Presidents and Prime Ministers? - Law Society Journal
   

• Secession - Can a State or person secede from Australia? - Anne Twomey - YouTube

  This video answers two questions from viewers. The first is why Western Australia failed in its attempt to secede from Australia in the 1930s. The second is whether a State or a person can secede from Australia today.
   

• Victorian Legal Services Board v Kuksal (Judiciary Act and Charter Notices) [2024] VSC 461 (7 August 2024)

  “ Mr Kuksal asked me to take judicial notice of a report referred to on 3AB radio ‘earlier this week’ that ‘there is a 30 per cent public confidence in the judiciary in Victoria’.”
   

• Download - Rethinking 'On Just Terms': Commonwealth v Yunupingu - Lael K Weis and Rosalind Dixon

  “Commonwealth v Yunupingu raises a number of constitutionally significant issues concerning the scope of the Commonwealth Parliament’s power under s 51(xxxi) of the Australian Constitution and its relationship to the territories power in s 122. One issue that is not directly raised by the questions before the High Court of Australia, but that will nevertheless inform the Court’s answers, concerns the meaning of ‘on just terms’. Is ‘on just terms’ a narrow and inflexible

  requirement to provide full market-based compensation? Or does it permit a broader and more flexible approach to determining the obligations of the Commonwealth and territory governments, which would allow for structural reparations and non-pecuniary remedies? We suggest that a broader and more flexible approach is generally to be preferred as a matter of both principle and prudence and that such an approach is especially relevant for the Court as it considers the consequences of its answers to the questions before it.”
   

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