A conviction for drug importation was quashed after the High Court excluded certain evidence that was unlawfully obtained by the police in a controlled operation. However, the court did not go as far as stating that a defence of entrapment exists under Australian law if a person voluntarily and with the necessary intent commits an unlawful act induced by another.
The Commonwealth Parliament subsequently amended the Crimes Act to make controlled operations legalin order to protect such evidence from being ruled inadmissible.
ON THIS DAY in 1991, the High Court of Australia delivered Harris v Caladine [1991] HCA 9; (1991) 172 CLR 84 (17 April 1991).
Parts of the Family Law Act 1975 (Cth) allowing Judges of the court to make rules delegating judicial powers to registrars and non-judical officers were held to be valid and not in breach of the doctrine of separation of powers found in s71 and Chapters II and III of the Australian Constitution.
Family Court Judges may make rules and delegate their powers as long as they continue to bear the major responsibility for the exercise of judicial power. The delegation must not be inconsistent with the obligation of a court to act judicially and that the decisions must be subject to review or appeal by a Judge.
ON 16 APRIL 1677, the English Parliament enacted the Statute of Frauds 1677.
This Act required certain dealings with real property, sale of goods, estates, trusts and marriage be reduced to writing and signed in order to avoid fraud or perjury.
The provisions of the Act have since been incorporated into many pieces of legislation around the common law world.
ON THIS DAY in 1976, the High Court of Australia delivered Murphyores Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20; (1976) 136 CLR 1 (14 April 1976).
The court held that the Commonwealth could validly legislate over the environment through its trade and commerce powers under the Constitution. As a result, sand mining licensed by the Queensland Government was prohibited on the Fraser Island – the largest sand island in the world.
Fraser Island later became part of the Register of the National Estate, National Heritage List and the World Heritage List.
ON THIS DAY in 1994, the High Court of Australia delivered Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403; (1994) 120 ALR 385; (1994) 68 ALJR 374 (13 April 1994).
Costs recoverable from an unsuccessful party do not include time spent by a successful litigant who is not a lawyer.
Costs are recoverable under the indemnity principle: for money paid and liabilities incurred for professional legal services. No such costs are incurred when a non-lawyer represents themselves.
ON THIS DAY in 1978, the High Court of Australia delivered Viro v R [1978] HCA 9; (1978) 141 CLR 88 (11 April 1978).
The High Court held that it is no longer bound by decisions of the Privy Council in the United Kingdom. The court is “pre-eminently equipped to decide what is the law for Australia”.
ON THIS DAY in 1984, the High Court of Australia delivered Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605 (10 April 1984).
Equality had long been the starting point when dividing matrimonial property on divorce. The High Court in this case held that there is not to be a presumption of equality and that each case is to be determined upon a consideration of it’s particular circumstances.
Section 79(4) of the Family Law Act 1975 (Cth) requires consideration of the financial contributions, non-financial contributions and parental and/or homemaker services.
ON 8 APRIL 2015, the High Court of Australia delivered Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11 (8 April 2015).
The High Court held that Queensland Rail is a trading corporation within the meaning of s51(xx) of the Constitution and as such is an employer governed by the Fair Work Act 2009 (Cth) and not subject the Queensland industrial relations laws which are invalid to the extent that they apply to Queensland Rail.
The High Court held that certain provisions under the Clean Energy Regulations 2011 (Cth) were valid as they did not give preference to one State over other States and therefore did not contravene s99 of the Constitution.
ON 8 APRIL 1988, the High Court of Australia delivered Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988).
A firm of solicitors was held to be negligent by failing to take reasonable steps to locate an executor (a non-client) following the death of a testatrix (a client whose will they prepared and retained for safe keeping) for some six years after the testatrix’s death. The solicitors were held to be liable to pay damages for the loss suffered by the executor (who was also a residuary beneficiary) in not being able to manage the estate during the period of delay.
The majority (Brennan, Deane and Gaudron JJ) held that the solicitors owed a tortious duty of care to the executor and that the action was not statute-barred.
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