Perara-Cathcart v The Queen

Jeremy Gans, ‘News: The High Court Splits Three Ways on Three-Way Splits’ (1 March 2017).

The High Court has dismissed an appeal against a decision of the Full Court of the Supreme Court of South Australia on the use of evidence of illegal drug dealing within a rape trial. A jury convicted the appellant of rape and making a threat to kill against K. During the trial the prosecution led evidence from K and her boyfriend J that the appellant had supplied them with methylamphetamine prior to the rape and death threat incident, and marijuana at a later date. The SASCFC held that both K and J’s evidence was admissible in the appellant’s trial because they cast light on both the prosecution’s claim that the rape Continue reading

Bondelmonte v Bondelmonte

The High Court has dismissed an appeal against the Full Court of the Family Court on whether teenage children removed from Australia in breach of a parenting order must return despite their expressed unwillingness to do so. Following the Bondelmontes’ separation in 2010, the Family Court made equal shared parenting orders with living arrangements to be decided by the parties and the children. In 2016, the father removed the two teenage boys to the United States, where they stayed for more than 14 days, in breach of the parenting orders. A majority of the Full Court of the Family Court upheld the trial judge’s order Continue reading

News: The High Court splits three ways on three-way splits

Today’s decision in Perara-Cathcart v The Queen [2017] HCA 9 reviews a split decision in the Full Court of South Australia’s Supreme Court, which Gageler J’s judgment usefully describes with a table:

This combination raises a long-standing puzzle about the judgments of multi-member courts that have to decide two different issues in a particular case and manage to produce a three-way split. Continue reading