The High Court will hear argument in three cases next week.
On Tuesday, 30 April 2013 the
Court will consider an appeal from the NSW Court of Criminal Appeal in Agius v The Queen. At issue n the appeal is whether a person
commits the offence of
conspiracy to defraud contrary to section 135.4 of the Commonwealth Criminal
Code where the agreement underlying the alleged conspiracy was formed prior to
the commencement of that section, but the agreement was given effect to after
that commencement.
On Wednesday, 1 May 2013 the Court will consider an appeal from the NSW
Court of Appeal in Lee v NSW Crime Commission. At issue is whether or
not the NSW Supreme Court ought to have made orders for the compulsory
examination of the appellant under the Criminal Assets Recovery Act 1990
(NSW) while there were pending criminal charges against the appellant to which
the answers given during the examination might be relevant. It also raise a
related question of whether, to the extent that the Act purports to enable the
making of order for compulsory examination in those circumstances, the Act is
invalid as an undue impairment upon the institutional integrity of the Supreme
Court contrary to Chapter III of the Constitution.
On Thursday, 2 May 2013 the Court will hear applications for special
leave to appeal (to be heard as if on appeal) in Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd and Aristocrat Technologies Australia Pty Ltd v Allam. These
appeals arise out of proceedings commenced by Aristocrat Technologies and
associated companies seeking damages for copyright and trademark infringement
in relation to the supply of refurbished gaming machines in Latin America
(principally Peru) pursuant to a joint venture arrangement. The issue on
appeal is the application of section 97 of the Evidence Act 1995 (relating to tendency evidence) to certain emails
which were said to demonstrate a tendency on the part of the respondents to
engage in infringing transactions.
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