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BarNet's JADE Professional. Legal Research Made Easier, Better and Faster.
Australia
Joined March 2010
Obeid v The King [2026] HCA 1: Conspiracy to commit misconduct in public office is complete when agreement to do so is made. Not necessary for Crown to prove each element of the predicate offence was incapable of being satisfied.
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Hunt Leather v TfNSW [2025] HCA 53: Appellant's ordinary enjoyment of land substantially interfered with. TfNSW failed to discharge onus of establishing that planning & procurement of light rail reasonably minimised extent of substantial interference.
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Kanyan v Minister for Immigration [2025] HCA 22: Application for a constitutional or other writ dismissed with costs as no jurisdictional error by the Federal Court was identified which would have entitled the plaintiff to the relief sought.
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WHS v The King [2025] HCA 51: NSWCCA did not err in holding that evidence of sexual experience was inadmissible, nor did it err in holding that a miscarriage of justice did not result from the final address by the Crown Prosecutor.
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Bed Bath 'N' Table P/L v Global Retail Brands Aus P/L [2025] HCA 50: primary judge didn't err in finding while respondent did not infringe on appellant’s TMs, it's use of one of the marks was misleading or deceptive, and it had engaged in passing off.
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Evidence of complainant's distress at time of complaint was properly admitted and directed to jury. Court of Appeal majority's reasoning found inconsistent with R v Churchill: The King v Tsalkos [2025] HCA 49
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In a related decision, special leave granted to appeal decision of NT Court of Appeal dismissing an application for judicial review of a related determiantion: Badari v Minister for Housing and Homelands [2025] HCA 48
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Minister failed to afford procedural fairness when determining rents for public housing under s 23 of Housing Act 1982 (NT): Badari v Minister for Territory Families and Urban Housing [2025] HCA 47
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Section 64(1)(e) of the Jury Directions Act 2015 (Vic) does not diminish the standard of proof of beyond reasonable doubt, but "simply provides for that standard of proof to be explained": Farshchi v The King [2025] HCA 46
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Applications for constituional or other writ and stay of orders dismissed by High Court in Genesalio v Justice Johns & Ors [2025] HCA 45:
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Shao v Crown Global Capital P/L [2025] HCA 43: Respondent was required to repay money lent to it into 2 accounts, but only repaid it into 1 account. Although the debt was discharged, apellants entitled to pursue damages for breach of repayment term. https://t.co/xbWbSFsdQg
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Gray v Lavan (A Firm) [2025] HCA 42: Claim for interest accrued on excess legal fees paid to appellant's lawyers which were later then returned pursuant to a settlement deed failed as the Legal Practice Act (WA) excludes common law restitution claims.
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R Lawyers v Mr Daily [2025] HCA 41: Respondent’s cause of action in negligence against solicitor concerning an invalid binding financial agreement did not arise until the marriage ended & was so action was not statute barred.
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M27/2025 v Minister for Immigration: when considering an application for a protection visa, a delegate must consider all submitted materials, including those only partially translated. Visa applicant was granted an extension of time.
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G Global 120E T2 Pty Ltd v Commissioner of State Revenue: s5(3) International Tax Agreements Act 1953 (Cth), which resolved inconsistencies between Cth ITAA & the tax laws of Qld & Vic with retroactive effect held to be valid:
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