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Reviews of judgments

Every Issue

Cite as: (2008) 82(7) LIJ, p. 66

High Court Judgments

Cite as: (2008) 82(7) LIJ, p. 66

By Thomas Hurley

Constitutional law

Relationship between Commonwealth and states – extradition – whether state magistrates may elect not to accept commonwealth power

In O’Donoghue v Ireland [2008] HCA 14 (23 April 2008) the High Court considered whether state magistrates could decide not to accept the power conferred on them under the Extradition Act 1914 (Cth) or whether acceptance was to be inferred from state legislation and course of dealing. Appeal dismissed.

Courts – appeal

Right of appeal against decision as to amount of payment from a fund – whether right of appeal extends to decision that claim not maintainable

In Altinta LGA Ltd v Mine Subsidence Board [2008] HCA 17 (24 April 2008) the High Court in a joint judgment concluded the NSW Court of Appeal was correct in concluding the Land and Environment Court of NSW did not have jurisdiction to hear an appeal from the Mine Subsidence Board to refuse to entertain an application where the right of appeal related only to the amount of compensation. Appeal dismissed.


Sentencing – commercial quantity of drug

In Adams v Q [2008] HCA 15 (23 April 2008) the High Court considered an assertion that in sentencing a person for importing “commercial quantities” of MDMA it was permissible to consider the different value this had to heroin. Appeal dismissed.

Criminal law

Evidence – sexual offences – “uncharged acts”

In HML v Q [2008] HCA 16 (24 April 2008) the High Court considered the admissibility in sexual offences of evidence that the accused had engaged in other disreputable or possibly criminal conduct in addition to the matters that were the subject of the charge. Appeal dismissed.

Criminal law

Practice – directions to deadlocked jury – whether miscarriage of justice

In Grassy v Q [2008] HCA 18 (14 May 2008) the High Court considered whether directions given to a deadlocked jury by the trial judge had caused a miscarriage of justice. Appeal allowed; retrial ordered.

Native title

Compulsory acquisition of land subject to native title claim

In Griffiths v Minister for Lands, Planning and Environment [2008] HCA 20 (15 May 2008) the High Court considered whether Northern Territory legislation enabling compulsory acquisition of land authorised the compulsory acquisition of vacant Crown land subject to a native title claim under the Native Title Act 1993 (Cth) to enable it to be sold for private use. Appeal dismissed.



In Roads and Traffic Authority v Royal [2008] HCA 19 (14 May 2008) the High Court considered how multiple possible causes of negligence were to be analysed in considering whether highway design contributed to a vehicle collision. Appeal allowed

THOMAS HURLEY is a Victorian barrister. The full version of these judgments can be found at

Federal Court Judgments

Cite as: (2008) 82(7) LIJ, p. 67

By Thomas Hurley


Schedule of TV programs

In Nine Network v IceTV Pty Ltd [2008] FCAFC 71 a Full Court considered whether copyright existed in a schedule of TV programs.

Criminal law

Request for assistance

In Strachans SA v Attorney-General [2008] FCA 553; and Dunn v ACC [2008] FCA 424 (24 April 2008) Tracey J considered the operation of the Mutual Assistance in Criminal Matters Act 1987 (Cth).

Income tax

Classification of trust

In ConnectEast Management Ltd v C of T [2008] FCA 557 (29 April 2008) Heerey J considered whether a trust owned by another trust at a higher level of income was to be classified at the level of the other trust.

Income tax

Statutory income

In Fowler v C of T [2008] FCA 528 (21 April 2008) Lindgren J considered when income from a company owned by a taxpayer was included in the “statutory income” of the taxpayer.

Income tax

Superannuation “judge”

In Clark v C of T [2008] FCAFC 51 (3 April 2008) a Full Court considered whether a South Australian magistrate was a “judge of a court or a state”.


Business visa

In Ibrahim v MIC [2008] FCA 503 (21 April 2008) Lander J allowed an appeal where the MRT had incorrectly valued the business of the applicant.


Cancellation of visa

In Zhong v MIC [2008] FCA 507 (21 April 2008) Lander J allowed an appeal against a decision affirming a visa cancellation where the notice relied on did not comply with s107 of the Migration Act.


Protection visa – group

In SZBJH v MIC [2008] FCA 501 (21 April 2008) Lander J allowed an appeal from the RRT where it incorrectly described the social group to which the applicant claimed to belong.

Native title

Proof of continuous connection with the land

In Bodney v Bennell [2008] FCAFC 63 (23 April 2008) a Full Court concluded the trial judge had erred in accepting a land rights claim in the vicinity of Perth by failing to consider whether the claimants had shown continuous acknowledgment of their laws and customs and a connection with the area.


Elections – Court of Disputed Returns – production of ballot papers to parties

In Mitchell v Bailey [2008] FCA 426 (22 April 2008) Tracey J concluded the Court of Disputed Returns did not have to produce the disputed ballot papers to the parties.


Whether notice issued for improper purpose

In Korean Airlines v ACCC [2008] FCA 701 (15 May 2008) Jacobson J considered how an allegation that the ACCC had issued a notice under s155 of the Trade Practices Act consequent to a settlement offer being rejected was to be determined.

THOMAS HURLEYis a Victorian barrister. The full version of these judgments can be found at


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