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Legal Topics

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  • Welcome

RSS Law Report

  • The dilemmas of parole board decision making 14 July 2026
    What is it like to have the responsibility of deciding if a violent offender should be released from prison and allowed back into the community? 
  • New employment law pathway to hear sexual harassment complaints 7 July 2026
    In a legal first, the Federal Court has handed down a sexual harassment decision under protections recently introduced to the Fair Work Act.
  • Who should pay when prison guards or police officers cause injury? 30 June 2026
    If a child is injured by tear gas in a youth detention centre, are the authorities liable? And can a protester injured by police during a demonstration seek damages? 
  • Why a UK court upheld the Palestine Action terror ban 23 June 2026
    The Court of Appeal in London ruled that it was open to Britain's home secretary to designate the Palestine Action protest group as a terrorist organisation.
  • Should a complainant's counselling records be used in a sexual assault trial? 16 June 2026
    The Law Report looks at the Victorian government plans to ensure health and counselling information is not used in court without the consent of victim survivors, who will also be given the choice to pre-record their evidence ahead of trial.
  • Is there a place for AI in boardrooms and the courts? 9 June 2026
    Artificial intelligence is revolutionising all parts of the economy and our institutions — corporate boardrooms and the courts are not immune.
  • A bushfire starts on your property and spreads to your neighbours - are you liable for their losses? 2 June 2026
    A court has found that a South Australian farmer was responsible for setting fire to a pile of vegetation that was left smouldering and reignited six months later, causing a devastating bushfire.
  • Trump's war on journalists: libel or lawfare? 26 May 2026
    There's been a wave of defamation suits from within the Trump administration targeting the US news media. Is it legitimate litigation or lawfare?
  • America's Erin Patterson? The Kouri Richins poisoning case 19 May 2026
    In a case that's transfixed the US, a woman who wrote a children's book about grief following her husband's death has been sentenced to life in prison for his murder.
  • Does EMDR therapy taint a witness's recollection? 12 May 2026
    Imagine you are a victim of crime and need therapy to help deal with a traumatic memory. Would you go ahead if it meant that your case might not be prosecuted because the treatment could deem your evidence unreliable or inadmissible in court?

RSS High Court Latest Judgments

  • Austral v Northern Territory [2026] HCA 20 (17 June 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 17 June 2026
    Catchwords: Damages – Exemplary damages – Where appellants exposed to CS gas at youth detention centre – Where High Court held in Binsaris v Northern Territory (2020) 270 CLR 549 that spraying of CS gas constituted unlawful battery of appellants – Where High Court remitted matter to Supreme Court of Northern Territory for assessment of […]
  • Chaplin v Secretary, Department of Social Services [2026] HCA 22 (17 June 2026) (Gageler CJ; Gordon, Steward, Jagot and Beech-Jones JJ) 17 June 2026
    Catchwords: Administrative law (Cth) – Social security – Where application of income test in Module H of Youth Allowance Rate Calculator in s 1067G of Social Security Act 1991 (Cth) reduced rate of youth allowance in certain circumstances where ordinary income earned, derived or received – Where point 1067G-H23 of Module H provided "ordinary income […]
  • Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2026] HCA 21 (17 June 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 17 June 2026
    Catchwords: Companies – Australian financial services licence – Provision of financial services – Where issuer did not hold or have benefit of Australian financial services licence for product – Where Australian financial services licence required if product is "financial product" – Where "financial product" includes facility through which person makes financial investment – Where "financial […]
  • Cullen v New South Wales [2026] HCA 19 (17 June 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 17 June 2026
    Catchwords: Tort – Negligence – Duty of care – Scope of duty – Vicarious liability – Public authorities – Police – Crowd control – Protest march – Where police intervened in protest march to prevent risk to public safety – Where appellant injured when knocked to ground during arrest of third party – Whether police […]
  • Commissioner of Taxation v Bendel [2026] HCA 18 (10 June 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 10 June 2026
    Catchwords: Income tax (Cth) – Assessable income – Distributions to entities connected with private company – Loans treated as dividends under s 109D of Income Tax Assessment Act 1936 (Cth) ("ITAA 1936") – Where deed of settlement of discretionary trust required amounts set aside for any beneficiary to be held on separate trust – Where […]
  • Abdel-Hady v Commonwealth of Australia [2026] HCA 17 (10 June 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 10 June 2026
    Catchwords: Tort – False imprisonment – Defences – Where plaintiff detained under s 189(1) of the Migration Act 1958 (Cth) following visa cancellation – Where since 28 July 2022 there was no real prospect of plaintiff's removal from Australia becoming practicable in reasonably foreseeable future – Where in November 2023 NZYQ v Minister for Immigration, […]
  • Zip Co Limited v Firstmac Limited [2026] HCA 16 (13 May 2026) (Gageler CJ; Gordon, Edelman, Steward and Beech-Jones JJ) 13 May 2026
    Catchwords: Intellectual property – Trade marks – Trade mark infringement under s 120(1) of Trade Marks Act 1995 (Cth) – Where ss 122(1)(f) and 122(1)(fa) read with s 44(3) of Trade Marks Act provide for defences of honest concurrent use – Where respondent registered word mark "ZIP" – Where appellants used substantially identical or deceptively […]
  • CSL Australia Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2026] HCA 15 (13 May 2026) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ) 13 May 2026
    Catchwords: Admiralty – International law – Treaty – Interpretation – Limitation of liability for maritime claims – Where Art 2(1) of Convention on Limitation of Liability for Maritime Claims (1976) (as amended) ("Convention") lists claims subject to limitation – Where Australia exercised power under Art 18(1) of Convention to exclude Art 2(1)(d) and (e) of […]
  • Deripaska v Minister for Foreign Affairs [2026] HCA 14 (13 May 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 13 May 2026
    Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Where Autonomous Sanctions Act 2011 (Cth) authorises making of regulations which impose sanctions – Where reg 6(a) of Autonomous Sanctions Regulations 2011 (Cth) empowers Minister to "designate" a person – Where designation triggers operation of regs 14 and 15 – Where contravention of reg 14 […]
  • TCXM v Minister for Immigration and Citizenship [2026] HCA 13 (06 May 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 6 May 2026
    Catchwords: Administrative law (Cth) – Procedural fairness – Where appellant granted Bridging R (Class WR) Subclass 070 (Bridging (Removal Pending)) visa ("BVR") and released from immigration detention following decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 280 CLR 137 – Where Commonwealth of Australia and Republic of Nauru entered into Interim […]

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