High Court Bulletin

High Court Bulletin

Produced by the Legal Research Officer,
High Court of Australia Library

[2016] HCAB 10 (22 December 2016)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

Summary of New Entries 1

Summary of New Entries
1: Cases Handed Down

Case	Title
New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act	Aboriginal and Torres Strait Islander Peoples
Simic & Ors v NSW Land and Housing Corporation & Ors	Contract Law
The Queen v Kilic	Criminal Law
RP v The Queen	Criminal Law
Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd & Ors	Statutory Construction
Australian Competition & Consumer Commission v Flight Centre Travel Group Limited	Trade Practices
Elecnet (Aust) Pty Ltd (as Trustee for the Electrical Industry Severance Scheme) v Commissioner of Taxation of the Commonwealth of Australia	Taxation

2: Cases Reserved

Case	Title
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd	Contract Law
Prior v Mole	Criminal Law
Bondelmonte v Bondelmonte & Anor	Family Law
Minister for Immigration and Border Protection v Kumar & Ors	Migration

3: Original Jurisdiction

Case	Title
Brown & Anor v The State of Tasmania	Constitutional Law
Plaintiff S195/2016 v Minister for Immigration and Border Protection & Ors	Migration

Court of Disputed Returns

Case
Re Culleton	Judgment reserved

4: Special Leave Granted

Case	Title
Director of Public Prosecutions v Dalgliesh	Criminal Law
GAX v The Queen	Criminal Law
Esso Australia Pty Ltd v Australian Workers’ Union	Industrial Law
Australian Workers’ Union v Esso Australia Pty Ltd	Industrial Law

5: Cases Not Proceeding or Vacated

Case	Title
Tangilanu v Minister for Immigration and Border Protection	Migration

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the December 2016 sittings.

Aboriginal and Torres Strait Islander Peoples

New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act

S168/2016: [2016] HCA 50
Judgment delivered: 14 December 2016
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ
Catchwords:
Aboriginal and Torres Strait Islander peoples – Land rights – Claimable Crown lands – Crown land dedicated for public purposes – Where State recorded as registered proprietor – Where Crown land dedicated for gaol purposes – Where Crown land proclaimed as correctional complex and correctional centre – Where gaol closed but dedications continued in force – Where proclamations revoked – Where Crown land held pending decision as to future use – Where activities on Crown land not inconsistent with dedications – Whether land "lawfully used or occupied" under s 36(1)(b) of Aboriginal Land Rights Act 1983 (NSW).
Constitutional law (NSW) – Executive power – Power over Crown lands – Whether executive power abrogated by s 2 of New South Wales Constitution Act 1855 (Imp) – Whether statutory authorisation required for lawful occupation of Crown lands.
Words and phrases – "actual occupation", "beneficial and remedial legislation", "beneficial construction", "claimable Crown lands", "Crown lands", "dedication", "lawfully used or occupied", "lawful occupation", "the Crown".
Aboriginal Land Rights Act 1983 (NSW) – s 36.
New South Wales Constitution Act 1855 (Imp) (18 & 19 Vict c 54) – s 2.
Real Property Act 1900 (NSW) – ss 13D, 13J.
Appealed from NSWSC (CA): [2015] NSWCA 349
Held: Appeal dismissed with costs.
Return to Top