The High Court has unanimously dismissed an appeal against the Supreme Court of the Australian Capital Territory, holding that the appellant, Mr Lewis, was not entitled to substantial damages for wrongful imprisonment because, while the decision to return him to
Opinions on High
Opinions on High is a legal blog that focuses on detailed analysis and commentary on decisions of the High Court of Australia. It covers a range of topics including constitutional law, tort law, criminal law, administrative law, and remedies such as injunctions and damages. The blog discusses significant cases involving procedural fairness, police powers, misleading conduct in commercial agreements, and the application of constitutional principles in litigation. It also addresses broader legal issues such as proactive policing, human rights implications, and the intersection of equity and constitutional law. The content is aimed at providing insights into the reasoning and implications of High Court judgments.
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Latest from Opinions on High
Police Doorknocking at the High Court: Roy v O’Neill
By Julian R Murphy
On 8 September, the High Court will hear argument in Roy v O’Neill. The case is about whether police can approach a person’s front door to investigate them for a criminal offence. That question, in…
News: Bell Group FINALLY over
In the 1984 science fiction movie The Terminator, the Terminator, a cybernetic android assassin from the future, pursues the two heroes of the movie, Sarah Connor and Kyle Reese relentlessly. Connor and Reese shelter in a police station, and the…
Berry v CCL Secure Ltd
The High Court has unanimously allowed an appeal against part of a judgment of the Full Federal Court of Australia, holding that in a case where a defendant had terminated an agreement by deceptive means, the balance of probabilities showed…
Is the Constitutional Injunction ‘Ordinary’? Smethurst v Commissioner of Police
By Jason N E Varuhas, Professor of Law, Melbourne Law School
In Smethurst v Commissioner of Police [2020] HCA 14 the High Court of Australia had to decide whether data obtained by police through an unlawful search of journalist Ms…
News: 12 special leave grants in the COVID quarter
While the High Court suspended its hearings of appeals and original jurisdiction matters in April and May and switched to video connection hearings in June due to COVID-19, it has largely continued hearing special hearing matters by video link from…
Moore v Scenic Tours Pty Ltd
The High Court of Australia unanimously allowed an appeal from the New South Wales Court of Appeal, holding that damages for disappointment and distress for breach of a holiday cruise tour contract were not precluded as damages for “personal injury”…
News: The Court’s national video connection
BELL J: Perhaps, Ms Shaw, before you commence, may I indicate that if at any time either you or Mr Nathan have any difficulty in terms of hearing or seeing the Bench would you please indicate that at the first…
The Fluctuating Nature of a Partnership Interest: Commissioner of State Revenue v Rojoda Pty Ltd
By Barry Diamond
Senior Fellow in the Melbourne Law Masters and PwC Partner
When a partner ‘confirms’ she holds land on trust for other partners upon dissolution of the partnership, is this a confirmation of a pre-existing relationship, or a…
News: Five new appeals to be heard after the pandemic
In a notice titled ‘COVID 19’, the High Court has cancelled appeal and original jurisdiction hearings through to (at least) June:
Following the adoption of policies restricting travel and meetings and remote workplace arrangements it has been decided that the…