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Welcome to Australian Law Online.  This site is for legal professionals, or anyone else interested in the law, to easily find online and publicly available legal information.

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Author paulPosted on 19 January 2016Leave a comment on Welcome

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RSS Law Report

  • 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?
  • What does an election look like when there are no financial ground rules? 5 May 2026
    There are no political donation laws in Victoria following a High Court decision that overturned legislation in place for nearly a decade.
  • Scam victims want compensation as HSBC settles ASIC action 28 April 2026
    The Law Report speaks to victims who are calling for the banking giant to compensate them, and asks, how effective are Australian laws in dealing with sophisticated scams?
  • Why was Ben Roberts-Smith granted bail on war crimes charges? 21 April 2026
    Australia's most decorated living soldier Ben Roberts-Smith has been granted bail after being charged with five counts of the war crime of murder. Why was he granted bail? And why did the judge find there were exceptional circumstances and bail did not impose any unacceptable risks?
  • Euthanasia: How Australia's approach compares to other countries 14 April 2026
    In countries where voluntary assisted dying is allowed, there are very different legal frameworks. A high-profile case in Spain raises questions of whether the procedure should only be allowed if there is a terminal illness. Should the medical criteria also include mental distress? And how does mental illness impact on the idea of agency and […]
  • A cultural approach to reducing Indigenous reoffending 7 April 2026
    Indigenous incarceration rates are off the scale in Australia. For the last four years, the District Court of New South Wales has been trialling the Walama sentencing list, a program aimed at reducing recidivism.
  • How accurate is facial recognition software? 31 March 2026
    The Law Report is asking some big picture questions about the pros and cons of facial recognition software use by police and retailers.
  • High Court says government can't use ankle bracelets, curfews to monitor former immigration detainees 24 March 2026
    Should the Federal Government have powers to restrict the movement of former immigration detainees in the community?

RSS High Court Latest Judgments

  • 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 […]
  • Mayfield Development Corporation Pty Ltd v NSW Port Operations Hold Co Pty Ltd [2026] HCA 12 (06 May 2026) (Gageler CJ; Gordon, Edelman, Gleeson and Beech-Jones JJ) 6 May 2026
    Catchwords: Statutes − Construction − Derivative Crown immunity − Where State of New South Wales ("State") agreed Port Commitment Deeds ("PCDs") with first to third respondents ("NSW Ports") − Where PCDs required State to compensate NSW Ports if certain ports were not at full capacity and certain volume of containers diverted to other port − […]
  • Hopper v Victoria [2026] HCA 11 (15 April 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 15 April 2026
    Catchwords: Constitutional law (Cth) – Implied freedom of communication about government or political matters – Where certain provisions of Pt 12 of Electoral Act 2002 (Vic) imposed general cap on political donations from a single donor within election period with exception for gifts between registered political party and nominated entity of registered political party ("nominated […]
  • The King v AR [2026] HCA 10 (08 April 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 8 April 2026
    Catchwords: Criminal practice – Trial – Tendency evidence – Directions to jury – Where respondent charged with child sexual offences against single complainant – Where charges arose out of three separate alleged incidents – Where Crown contended evidence in support of charged acts established a tendency on part of respondent – Where trial judge directed […]
  • CCDM Holdings LLC v The Republic of India [2026] HCA 9 (08 April 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 8 April 2026
    Catchwords: Private international law – Foreign State immunity – Immunity from jurisdiction – Proceedings for recognition and enforcement of arbitral award – Where appellants assignees of investors who obtained arbitral award against respondent – Where appellants sought to have award recognised and enforced in Australia under Convention on the Recognition and Enforcement of Foreign Arbitral […]
  • SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2026] HCA 8 (18 March 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 17 March 2026
    Catchwords: Courts – Judges – Bias – Reasonable apprehension of bias – Where proceedings for contraventions of civil penalty provisions of National Consumer Credit Protection Act 2009 (Cth) bifurcated into liability and penalty stages – Where primary judge made adverse credit findings at liability stage – Where contraventions established – Where primary judge recused himself […]
  • EGH19 v Commonwealth of Australia [2026] HCA 7 (18 March 2026) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ) 17 March 2026
    Catchwords: Constitutional law (Cth) – Judicial power of Commonwealth – Where cl 070.612A(1) of Sch 2 to Migration Regulations 1994 (Cth) provided that Minister must impose certain conditions on holder of Bridging R (Class WR) Subclass 070 (Bridging (Removal Pending)) visa ("BVR") if both "satisfied on the balance of probabilities that the holder poses a […]

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