Tuesday, May 13, 2014

Forthcoming judgments in the High Court of Australia

On Wednesday, 14 May 2014 the High Court will deliver judgment in two cases.
The first is Gillard v The Queen, in which the High Court has been asked to consider the role of recklessness in proving absence of consent in relation to various sexual assault offences under the ACT Crimes Act 1900.
The second is MacarthurCook Fund Management Ltd v TFML Limited, in which the High Court will consider whether the procedures set out in Part 5C.6 of the Corporations Act 2001 apply to all methods by which a member of a registered managed investment scheme ceases to be a member, or whether it only applies where the member voluntarily seeks the return of that member’s contribution to the scheme.
On Friday, 16 May 2014 another two judgments will be delivered by the High Court.
The first is Adco Constructions Pty Ltd v Goudappel which relates to the transitional operation of certain amendments to the Workers Compensation Act 1987, but more generally will consider the correct approach to the construction of provisions in an Act which authorize the making of regulations that have a transitional operation and which themselves amend the operation of the Act.

The second is Sidhu v Van Dyke.  In that case the plaintiff alleged she had acted to her detriment in reliance upon promises made by the defendant in relation to her interest in property, allegedly giving rise to a constructive trust in her favour.  The High Court will consider whether it is necessary for the plaintiff to establish that the promises were the sole cause for her acting to her detriment, and whether the appropriate measure of compensation was the detriment suffered by the plaintiff, or the value of the unfulfilled promises.

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