Commonwealth Law Reports – New Cases Alert

The below cases will be published in upcoming CLR parts. The authored catchwords for these cases come from the relevant 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.

 Maloney v the Queen [2013] HCA 28 (87 ALJR 755)

 Constitutional Law — Operation and effect of the Commonwealth Constitution — Inconsistency of laws – Commonwealth and Queensland laws —Racial discrimination —Prohibition on possession by indigenous people in ‘restricted areas’ — Whether restriction amounted to ‘special measure’ – Relevance of community consultation — Commonwealth Acts adopting International treaties or conventions— Extrinsic materials — Non-binding recommendations of United Nations committees — Where not in existence at time treaty ratified by Australia —Constitution, s 109 — Racial Discrimination Act 1975  (Cth), ss 8, 10 — Liquor Act 1992  (Qld), s 168B — Liquor Regulation 2002  (Qld), Sch 1R

 Stewart v Atco Controls Pty Ltd (in liq) [2014] HCA 15 (2014) 88 ALJR 594

Corporations — Winding up — Conduct and incidents of winding up — Ranking of claims — Priorities — Applications to court for directions or advice — Indemnity agreement between liquidator and creditor — Clause allowing liquidator to apply for order to pay indemnifier ahead of other creditors – Indemnity for costs of liquidator bringing action — Money expended or benefit conferred on property of another — Company liquidator’s equitable lien over realised property — Priority over secured creditors – Corporations Act 2001 (Cth), s 564.

 Stewart v Atco Controls Pty Ltd (in liq) (No 2) [2014] HCA 31, (2014) 88 ALJR 811

Appeal and New Trial — Appeal-practice and procedure — Victoria — Powers of court — Costs — Departing from ordinary rule – Indemnity costs — Rejection of offer of compromise.

Plaintiff M79/2012 v Minister for Immigration and Citizenship [2013] HCA 24, (2013) 87 ALJR 682

Citizenship and Migration — Migration — Grant or refusal of visas — Public interest — Power of Minister to dispense with normal criteria — Release of unlawful non-citizens from immigration detention — Grant of particular class of visa to support release — Where prescribed criteria not met — Purpose of selecting particular class of visa — Legal characteristics and consequences — Whether valid exercise of dispensing power — Public interest — Migration Act 1958 (Cth), ss 37A, 46A(1), 65, 73, 91J, 91K, 189, 195A, 195A(2).

Magaming v The Queen [2013] HCA 40, (2013) 87 ALJR 1060

Citizenship and Migration — Migration — Offences — Bringing non-citizens into Australia — Aggravated offence with mandatory minimum sentence —Where offence encompasses all elements of lesser offence — Whether coextensive — Whether prosecutorial discretion “usurps” judicial discretion as to sentence – Validity of provisions — Constitution, Ch III — Migration Act 1958 (Cth), ss 233A(1), 233C(1), 236B(3)(c).

Williams v The Commonwealth [2014] HCA 23, (2014) 88 ALJR 701

Constitutional Law — Operation and effect of the Commonwealth Constitution — Social services — Benefits to students — School chaplaincy program — Commonwealth funding arrangements — The executive government — Power to contract — Corresponding power to spend appropriations — Validity of scheme — Constitution, ss 51(xxiiiA), 51(xxxix), 61, 81, 83— Financial Management and Accountability Act 1997 (Cth), s 32B — Acts Interpretation Act 1901 (Cth), s 15A.

General Manager of the Australian Legal Portfolio at Thomson Reuters Legal

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