August 8, 2006

HC Follow Up

Posted in high court, judgments and transcripts at 1:26 am by thelawthoughts

Further to my previous post, I am going to run a little poll. I can’t work out polling software so comments are welcome, please.

What is the most interesting High Court case this year?

1. Waller – suing a doctor for wrongful life for failure to advise of genetic condition in IVF baby?

2. Theophanus – examination of the interplay between criminal law and ability of the government to seize superannuation of that person?

3. Koroitamana – whether children born in Australia are aliens? I did think this was already decided by Singh a few years ago but I must admit to not having read it yet.

4. Buckley – whether evidence of sex with animals could be taken into account when deciding on an indefinite sentence (my pick)?

5. Cummins – if only because he is a bankrupt barrister with┬álots ofassets in the wife’s name and a strange lack of tax returns for x years?

6. One of the hundreds of industrial law cases decided this year?

7. Something else? You must specify.

Let’s see what we get.

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Is our High Court Boring?

Posted in high court, judgments and transcripts at 1:16 am by thelawthoughts

I have missed the High Court handing down five decisions recently, although when I read the catchwords I am not sure if I have missed very much. When freezing orders to confiscate property can be made, when a limitations period begins to run in the context of post-traumatic stress disorder, apprehended bias of a judge, allowed tax deductions for CityLink, whether an indictment was a nullity because a count was wrongly included and a miscarriage of justice after a badly worded jury direction.

Granted, there was an extradition case which looks quite interesting, but these cases in general just don’t get me excited. They seem to be niche cases, there is very little ground shifting going on. No Mabo or Walton Stores. Now, granted, these cases don’t come around very often, and I’m not reading as many cases as I should, but have any REALLY big cases been decided this year? Or is it just this ho-hum stuff about, well, not much?

I read somewhere a little while ago that Australian authority is being relied on less and less in other common law jurisdictions than it was in the days of, say, the Mason or Barwick courts. Is this because the High Court is deciding less important cases? I am really interested in people’s view of this so please pipe up!

June 15, 2006

High Court Judgments

Posted in high court, judgments and transcripts at 1:29 am by thelawthoughts

The High Court is like my bus service. Nothing for weeks then five buses, I mean judgments, all at once.