The High Court has dismissed an appeal from the Full Court of the Supreme Court of Tasmania in a matter relating to the meaning of ‘land’ in the context of local government land valuations. West Coast Council sought a declaration that the Valuation of Land Act 2001 (Tas), the Local Government Act 1993 (Tas) and the Marine Farming Planning Act 1995 (Tas) required the Valuer-General to issue a valuation for several areas in Macquarie Harbour that are subject to marine leases, which would allow the Council to levy rates. At trial, Blow CJ held that while the areas would constitute ‘land’ under the Crown Lands Act 1976 (Tas), for the purposes of the LGA they were not liable to be rated (see at [24]). A majority of Continue reading →

The High Court has allowed an appeal against a decision of the Northern Territory Court of Criminal Appeal on complaint and tendency evidence and probative value in the context of child sexual assault. The appellant was convicted of sexually abusing his step-grandchild on three occasions. The NTCCA upheld the trial judge’s decision to admit evidence from the complainant’s friend and relatives, to direct the jury that if they were satisfied of that complaint evidence they could use it as ‘some evidence that an offence did occur’, and to admit tendency evidence from the complainant about the appellant’s conduct during a massage that indicated his sexual interest in her. Before the High Court the appellant argued that the NTCCA Continue reading →

The High Court has dismissed an appeal against a decision of the New South Wales Court of Appeal on applicable jurisdiction in the context of a cross-State prison transfer escape. The appellant briefly escaped custody in the course of being transferred from Victoria to New South Wales at Tullamarine Airport, a ‘Commonwealth place’. His transfer took place under a federal law, the Service and Execution of Process Act 1992 (Cth), s 89(4) of which states that the law in force in the place of issue of a warrant relating to the liability of a Continue reading →

The High Court has dismissed an appeal against a decision of the New South Wales Court of Appeal on directors powers in the context of family trust dispute. In 1994, the directors of Nemeske Pty Ltd, a trustee company, resolved to make a final distribution of the trust monies to the beneficiaries, Mr and Mrs Nemes. That resolution was purportedly made pursuant to cl 4(b) of the trust deed, which provided that the trustee may ‘advance or raise any part or parts of the whole of the capital or income of the Trust Funds and to pay or to apply the same as the Trustee shall think fit for the maintenance, education, advancement in life or Continue reading →

The High Court has allowed an appeal against a decision of the Queensland Court of Appeal on the test for intent and foresight of consequences in the context of HIV transmission. After the appellant was diagnosed with HIV in April 1998, he commenced a sexual relationship with the complainant in December 2006 involving unprotected sex, and in 2009, after the relationship had ended, she was diagnosed with HIV. Throughout this time, the appellant denied on multiple occasions that he had HIV, claimed that he only knew about Continue reading →