Monday, December 3, 2012

This week in the High Court of Australia

There are three cases to be heard in the High Court of Australia this week.
First up on Tuesday, 4 December 2012 is Assistant Commissioner Michael James Condon v Pompano Pty Ltd, in which the Court will consider the constitutional validity of the Queensland  Criminal Organisation Act 2009 in an application by Queensland Police for a declaration that the Finks Motorcycle Club was a “criminal organisation” and that the respondent company Pompano Pty Ltd was a “part” of that organisation.
Commencing on Wednesday 5 December 2012 is Huynh v The Queen, a series of three appeals arising out of a murder by stabbing in the course of a brawl at the end of an 18th birthday party.  The appeals raise for consideration the extent to which a jury must be directed as to the element of “participation” in a joint enterprise liability for murder (ie where the accused is not alleged to have been the stabber, but was a party to an arrangement or understanding to kill the victim).
Commencing on Friday, 7 December 2012  is Tahiri v MIAC, a Special Case stated for determination by the High Court that will consider the requirements of Public Interest Criteria 4015 in its application to the children of a displaced Afghani Hazara woman who had lived, illegally, in Pakistan since 2003.  In particular, it will consider: whether the “home country” for the purposes of PIC 4015 is Afghanistan or Pakistan; whether the father of the children (who has not been seen since 2003) should be presumed to be dead for the purposes of establishing who has lawful authority to determine where the children should live; and finally whether the mother was afforded natural justice in establishing that her husband should be presumed to be dead.

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