By Julian R Murphy
On 8 September, the High Court will hear argument in Roy v O’Neill. The case is about whether police can approach a person’s front door to investigate them for a criminal offence. That question, in turn, entails consideration of whether such police are trespassers or whether they can claim the…

In the 1984 science fiction movie The Terminator, the Terminator, a cybernetic android assassin from the future, pursues the two heroes of the movie, Sarah Connor and Kyle Reese relentlessly. Connor and Reese shelter in a police station, and the Terminator seeks entry, but is denied entry by a policeman at the door. He says…

The High Court has unanimously allowed an appeal against part of a judgment of the Full Federal Court of Australia, holding that in a case where a defendant had terminated an agreement by deceptive means, the balance of probabilities showed that the defendant would not have used lawful means. The burden of proof thus shifted…

By Jason N E Varuhas, Professor of Law, Melbourne Law School
In Smethurst v Commissioner of Police [2020] HCA 14 the High Court of Australia had to decide whether data obtained by police through an unlawful search of journalist Ms Annika Smethurst’s home should be returned to her or destroyed. In a controversial decision, which…

While the High Court suspended its hearings of appeals and original jurisdiction matters in April and May and switched to video connection hearings in June due to COVID-19,  it has largely continued hearing special hearing matters by video link from its various registries. The result this quarter is twelve new appeals – more than average…

While the High Court suspended its hearings of appeals and original jurisdiction matters in April and May and switched to video connection hearings in June due to COVID-19,  it has largely continued hearing special hearing matters by video link from its various registries. The result this quarter is twelve new appeals – more than average…

The High Court of Australia unanimously allowed an appeal from the New South Wales Court of Appeal, holding that damages for disappointment and distress for breach of a holiday cruise tour contract were not precluded as damages for “personal injury” by s 16(1) of the Civil Liability Act 2002 (NSW) (‘CLA’).
Facts
Mr Moore and…