Monday, February 27, 2012

Forthcoming judgments from the High Court

 On Wednesday the High Court will deliver four judgments.

The first is in Wotton v State of Queensland in which a prisoner challenges provisions of the Qld Corrective Services Act and a parole order made under that Act as impermissible burdens on his freedom of communication on government and political matters.  The order purported to prevent him from attending public meetings on Palm Is without approval, and from speaking to the media.

The second is in a rather technical case involving construction of provisions governing the power of appointment of teachers under the South Australian Education Act 1972.

The third is also a rather technical case arising out of a demarcation dispute between industrial organisations in the education sector, and the operation of the registration scheme under the Fair Work Act.

The fourth is the judgment in Waller v Hargraves Secured Investments Ltd which raises an important issue under the NSW Farm Debt Mediation Act as to whether an agreement to extinguish a farm debt and create a new farm debt (where the new farm debt is secured by the original security) creates a separate "farm mortgage" with the effect that before possession proceedings can be taken under the new farm debt the mediation procedures must be invoked a second time.

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