News: High profile cases considered for special leave

On Friday, the High Court held its last special leave hearings for 2014. The media  reports that French CJ has referred a closely watched case, Cunneen v Independent Commission Against Corruption [2014] NSWCA 421, where a majority of the NSW Court of Appeal stopped a corruption inquiry into allegations against a NSW prosecutor, to a full court hearing next year. However, various media reports have highlighted the Court’s refusal to hear appeals in three other high profile matters:

In Friday’s hearings, the Court granted special leave in just two matters:

  • Ramsey Food Processing Pty Ltd v Tomlinson [2014] NSWCA 237 is a ruling that an abattoir worker employed through a labour hire company was an employee of the abattoir and therefore cannot claim common law damages for a work accident. The NSW Court of Appeal held that the worker’s employee status was already determined by the Federal Court when it upheld a claim by the Fair Work Ombudsman that the abattoir had failed to provide employee termination payments to workers employed through the labour hire company.
  • SPI PowerNet Pty Ltd v Commissioner of Taxation [2014] FCAFC 36 is a ruling that  transmission licence fees imposed as part of the privatisation of Victoria’s electricity industry are not allowable income tax deductions. While the Full Court of the Federal Court considered that  the compulsory fees were  incurred in carrying on a business to gain or produce income, a majority  held that they were not allowable deductions because of their capital nature.
This entry was posted in News, Opinions by Jeremy Gans. Bookmark the permalink.

About Jeremy Gans

Jeremy Gans is a Professor in Melbourne Law School, where he researches and teaches across all aspects of the criminal justice system. He holds higher degrees in both law and criminology. In 2007, he was appointed as the Human Rights Adviser to the Victorian Parliament's Scrutiny of Acts and Regulations Committee.