As a new service, we’re creating Online Insider updates of cases to be reported soon in Thomson Reuters’ Commonwealth Law Reports – the essential, authorised reports of the High Court of Australia.
The below cases will be published in forthcoming CLR parts. We’ve included the authored catchwords for these cases from the Australian Law Journal Reports. For customers who subscribe to cases on Westlaw AU: the case title links to FirstPoint; the media neutral citation links to the unreported full-text judgment; and the ALJR citation links to the report. This blog post will be updated once the CLR report is published and a Westlaw AU link is available.
Aytugrul v The Queen  HCA 15, 86 ALJR 474 — Criminal Law — Identification evidence — Whether probative value outweighed by prejudice to accused — Mitochondrial DNA evidence — When expressed as ‘exclusion percentage’ — Statistic explained by way of alternative expression — Risk of unfair prejudice effectively eliminated.
Andrews v Australia and New Zealand Banking Group Ltd  HCA 30, 86 ALJR 1002 — Banking and Finance — Bank accounts — Charges — Exception fees — Penalties and liquidated damages — What constitutes penalty — Whether breach of contract necessary prerequisite — Origins of penalty doctrine — Adoption by courts of common law — Paramountcy of equity.
PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission  HCA 33, 86 ALJR 1071 — Private International Law — Foreign states and sovereigns — Immunity — Exceptions — Proceedings concerning commercial transactions — Alleged anti-competitive conduct in provision of international air freight services.
Federal Commissioner of Taxation v Qantas Airways Ltd  HCA 41, 86 ALJR 1243 — Goods and services tax — ‘Supply for consideration’ — Connection between supply and consideration — Unused domestic airline travel reservations and bookings.
RCB (as litigation guardian of EKV, CEV, CIV and LRV) v The Honourable Justice Forrest  HCA 47, 87 ALJR 1 — Family Law — Children — Overseas orders, child abduction and children out of jurisdiction — Child abduction matters under international conventions — Discretionary exceptions to obligation to return child — Objections by child — Weight to be given — How adduced.
Yates v The Queen  HCA 8, 87 ALJR 446 — Criminal Law — Sentence — Sentencing orders — Orders and declarations relating to serious or violent offenders or dangerous sexual offenders — Dangerous sexual offender — Western Australia — Orders for detention at Governor’s pleasure — Grounds for making order — ‘Constant danger of physical harm to the community’ — Sufficiency of evidence — High Court of Australia — Appellate jurisdiction — Application for special leave significantly out of time — Where granted nevertheless — Redress of manifest injustice.