Monday, April 30, 2012

Judgments to be delivered this week in the High Court of Australia

The High Court will deliver judgment in three cases in which it is currently reserved.
On Thursday, 3 May 2012 the High Court will deliver judgment in ASIC v Shafron, in which ASIC seeks to re-instate findings made at trial but set aside by the NSW Court of Appeal that certain non-executive directors of James Hardie Industries had breached the Corporations Act 2001in approving a draft statement to the ASX about the funding of the Medical Research and Compensation Foundation, established to manage and pay out asbestos-related claims made against the James Hardie Group.
On Friday, 4 May 2012 the High Court will deliver judgment in two cases.  The first is Australian Education Union v General Manager of Fair Work Australia, which raises the somewhat technical issue of whether section 26A of the Fair Work Act operates to validate the registration of the Australian Principals Federation (which had earlier been quashed by the Federal Court), and if so whether section 26A impermissibly usurps or interferes with the judicial power of the Commonwealth.
The second judgment to be delivered on Friday is in Crump v State of NSW in which address the validity of section 154A of the Crimes (Administration of Sentences) Act 1999 is challenged on the grounds that it contravenes the so-called Kable doctrine to the extent that the section prevents the Parole Authority from considering Crump’s release on parole, despite a decision of the Supreme Court prior to the enactment of the section that he should be eligible for consideration for parole.
As usual, the case names link to the High Court's webpage where you will find copies of the written submissions and links to relevant transcripts etc.

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