Two HCA judgments handed down yesterday

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Daily wrap  

• Two judgements handed down by HCA yesterday:
   

  • Ismail v Minister for Immigration, Citizenship and Multicultural Affairs. Judgement summary found here.
     

  • Harvey v Minister for Primary Industry and Resources. Judgement summary found here.
     

    • High Court blocks expansion of McArthur River mine
       

    • Edelman J at [98] “The use of the expression "includes any of the following" in this exhaustive way is also consistent with the ordinary conversational maxim of quantity. A child who is told that they can have an ice cream which "includes any of the following: scoop of ice cream, cone, flake" would not, without unreasonable ambition (but perhaps with different words), ask whether the ice cream also includes content at the periphery of the application of its ordinary meaning, such as sprinkles.”

      [credit to The Piddington Society for this find]
       

• Teen who believed her cancer was cured by ‘miracle from God’ ordered by NSW court to continue chemotherapy | Australia news | The Guardian
   

• Ben Roberts-Smith defamation trial: ‘inconsistency’ in evidence of Afghan civilians, court told | Ben Roberts-Smith | The Guardian
   

• Crime kingpin Tony Mokbel denies telling Nicola Gobbo he would become police informant
   

• Kurtley Beale trial: alleged sexual assault victim ‘staunchly consistent’ she did not consent, court told | New South Wales | The Guardian
   

• Woman receives fine for tipping former Renewal SA executives off to anti-corruption probe
   

• Court hears police officer will plead not guilty to tasering manslaughter of 95yo with dementia
   

Editor’s picks

• Penelope Neskovcin KC and Craig Dowling SC appointed as judges of the Federal Court (Victorian registry)
   

  • Penelope Neskovcin KC - Ms Neskovcin graduated with a Bachelor of Economics and Bachelor of Laws (Hons) from the University of Tasmania in 1993. Ms Neskovcin was admitted to practice as a Solicitor of the Supreme Court of Tasmania in 1994, and in 1995 was admitted to practice as a Solicitor of the Supreme Court of Victoria. Ms Neskovcin was called to the Bar in 2002 and took Silk in 2016.
     

  • Craig Dowling SC - In 1987, Mr Dowling graduated with a Bachelor of Arts and in 1989 he graduated with a Bachelor of Laws both from Monash University. In 2009, Mr Dowling attained a Master of Laws from the University of Melbourne. Mr Dowling was admitted to practice as a Solicitor of the Supreme Court of Victoria in 1991. In 1999, Mr Dowling was called to the Bar. In 2017, he was appointed Senior Counsel.
     

• What happens if King Charles III becomes incapacitated and cannot fulfil his royal functions? - Anne Twomey - YouTube
   

• Justice Kennett of the FCA is to hand down his judgment in the Deripaska case tomorrow afternoon. Background to the matter can be found below. Former federal attorney-general Christian Porter is representing Deripaska.
   

  • Oleg Deripaska: Russian oligarch no ‘small businessman running a petrol station’, lawyers tell Federal Court
     

• Brisbane Prestige Property Developments Pty Ltd v Mackay Regional Council [2023] QPEC 48
   

  • Everson DCJ at [18] “Need, like love, is hard to measure. For example, when Michael Hutchence sang: “I need you tonight cause I’m not sleeping. There’s something about you girl that makes me sweat,” he was arguably also referring to a latent unsatisfied demand which is either not being met at all or, more likely, not being adequately met. This may well be a manifestation of love but certainly not in the biblical sense. When assessing a declaration of love, or an assertion of planning need, context is everything….”
     

• 2024 Opening of Law Term Address - Law Society of NSW - YouTube
   

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