Litigation notes

We produce these newsletters to help our clients stay informed on current and developing litigation in key cases in Australia.

While most issues focus on matters before the High Court, there is also coverage on cases in the Federal Court and other courts and tribunals. Results of judgments and appeals are reported, as are trends and other points of special interest in Commonwealth litigation.

Litigation notes are sent directly to Australian Government officers and other interested parties. To arrange supply, contact ags@ags.gov.au.

Index

No. 18	Discusses recent decisions on slavery and the Criminal Code, implied power to remit matters in High Court’s exclusive jurisdiction, compulsory acquisition of native title, authority to permit entry to waters overlying Aboriginal land in the Northern Territory, tax and ‘sham’ transactions, recent GST developments, and judicial review of tax assessment. (11 December 2008) See Client Login
No. 17	Discusses recent decisions of the High Court on legal professional privilege, implied undertakings in litigation, police powers of entry without warrant, liability for damages over road design and construction, and duty of care. (8 October 2008) See Client Login
No. 16	Discusses recent decisions of the High Court on the validity of conferral of Commonwealth administrative power on state officers, the sharing of Australia's telecommunications network, the validity of powers of the Takeovers Panel, the freedom of interstate betting, and a revisiting of the Kable principle. (12 June 2008) PDF 309Kb
No. 15	Covers significant constitutional decisions on anti-terrorism control orders and the defence power, disciplinary proceedings and judicial power, acquisition of property and reduction in workers compensation, and prisoners voting in federal elections. (20 February 2008) PDF 314Kb
No. 14	Covers significant constitutional decisions on the Work Choices decision, the constitutional validity of acting judges, the external affairs power and child sex tourism offences, forfeiture of superannuation benefits, and the constitutional meaning of ‘alien’. (29 November 2006) PDF 292Kb
No. 13	Covers significant constitutional decisions on the advertisement of personal injury legal services, the workplace relations advertising case, freedom of political speech, validity of mandatory immigration detention provisions, scope of the Kable principle, and validity of the Mirror Taxes Act. (29 November 2005) PDF 400Kb
No. 12	Includes articles covering matters such as reinstatement where the employment relationship has irrevocably broken down, admissibility of expert evidence, providing misleading information in the security clearance process, the new High Court Rules, a municipal council's duty of care to swimmers at surf beach, AAT awards compensation for breach of privacy, misuse of market power and price fixing, and quoting the substance of legal advice in negotiations and FOI implications. (29 June 2005) PDF 259Kb
No. 11	Features notes on significant issues such as disclosure of information by APS employees, the constitutional meaning of ‘alien’, and summaries of other constitutional cases. (22 October 2004) PDF 159Kb
No. 10	Features notes on significant cases covering issues such as Commonwealth Constitutional Powers and the States, Constitutional Limits on Restricting Judicial Review, and Public Law Remedies and Private Bodies. (30 October 2003) PDF 870Kb
No. 9	Features notes on significant cases covering issues such as treaties and administrative decision making, native title, powers to compel production of documents or information, liability in negligence for governments and public instrumentalities, abuse of market power, and unconscionable conduct and the Trade Practices Act 1974. (23 June 2003) PDF 890Kb
No. 8	Discusses reversing decisions, the child support scheme, confidentiality of information, duty of care, international torts, extradition, taxation, sex discrimination, sentencing for criminal matters and Commonwealth offences, freedom of information and representative actions in the Victoria Supreme Court. (29 August 2002) PDF 886Kb
No. 7	Discusses the validity of ministerial appointments, the ‘highway rule’, the Aborigines Act 1905 and the concept of trial by jury. (15 October 2001) PDF 526Kb
No. 6	Discusses duty of care, liability for negligence, the Trade Practices Act 1974, claims for contribution and indemnity under state legislation, the Coal Acquisition Act 1981, the Seafarers Rehabilitation and Compensation Act 1992, the Federal Courts (State Jurisdiction) Act 1991, the Customs Act 1901, and powers of federal and state courts. (20 May 2001)
No. 5	Discusses prosecuting corporate law offences, private international law, public interests immunity, standing to bring proceedings under the Trade Practices Act 1974, defamation proceedings and parliamentary privilege. (28 July 2000)
No. 4	Discusses liability of statutory bodies, the constitutional status of territory courts, cross-vesting schemes, conferral of powers on determination of administrative bodies and duty of care. (28 October 1999)
No. 3	Discusses state workers compensation laws, state mining laws, the liability of co-defendants to damages contributions and the Trade Practices Act 1974. (31 May 1999)
No. 2	Discusses corporations’ cross-vesting schemes, acquisition of property, section 15X of the Crimes Act 1914, liability of statutory authorities, omission by a public authority to exercise statutory duties, the awarding of costs in ‘public interest’ litigation and the meaning of control. (27 May 1998)
No. 1	Discusses the Australian Government’s implied constitutional immunity from state laws, freedom of speech, the removal of Aboriginal children, suing for employment-related injuries, duties of excise and acquisition of property. (23 August 1997)