Australia Case Law

Palmanova Pty Ltd v Commonwealth of AustraliaCitation:[2025] HCA 35Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:03 Sep 2025Case Number:S147/2024Read more

The High Court held that s 14(1) of the Protection of Movable Cultural Heritage Act 1986 (Cth) can apply to a protected object unlawfully exported before the Act commenced.

• Temporal operation of statutes
• Forfeiture of cultural property
• Unesco convention compliance
• Statutory-interpretation
• Cultural-heritage-law
• Temporal-operation-of-statutes

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Evans v Air CanadaCitation:[2025] HCA 22Before:Gageler CJ, Edelman, Steward, Gleeson, Beech-Jones JJDate:14 May 2025Case Number:S138/2024Read more

The High Court held Air Canada did not waive the Montreal Convention’s Article 21(2) partial defence, so damages for bodily injury remained limited.

• Carriage by air
• Liability for bodily injury
• Treaty interpretation
• Damages limitation
• Waiver of defences
• Aviation-law

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Alumina and Bauxite Company Ltd v Queensland Alumina Ltd

Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCAFC 142

The Full Court dismissed an appeal over Australian sanctions and alumina supply arrangements tied to Russia, upholding findings on breach, contract construction, and sanction-triggered step-in rights.

• Statutory interpretation
• Sanctions law
• Contractual construction
• Supervening illegality
• Force majeure
• Sanctions-law

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Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (Security for Costs)

Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l. (Security for Costs) [2024] FCAFC 113

The Full Court dismissed Spain’s leave to appeal against a security-for-costs order, holding the set-aside application was not brought under s 35A(5) and rejecting the consular-immunity argument.

• Security for costs
• Enforcement of foreign judgments
• Consular privileges and immunities
• Review of registrar’s orders
• Federal court procedure
• Security-for-costs

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StoneX Financial Inc v Ambrose

StoneX Financial Inc v Ambrose [2023] FCA 1568

Ex parte first-stage application to enforce a foreign arbitral award. The Court made notice orders and listed the matter for further hearing before final enforcement.

• Enforcement of foreign arbitral awards
• Commercial arbitration
• Service of process
• Substituted service
• Foreign-arbitral-award-enforcement
• International-arbitration-act

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Barnett v Secretary, Department of Communities and Justice

Barnett v Secretary, Department of Communities and Justice [2023] HCA 7

The High Court revoked special leave in a Hague child abduction appeal after belated Irish court reasons showed the father had custody rights when the child was removed.

• International child abduction
• Issue estoppel
• Guardianship
• Rights of custody
• Special leave to appeal
• Evidence admissibility

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Barnett v Secretary, Department of Communities and JusticeCitation:[2023] HCA 7Before:Kiefel CJ, Gageler, Gordon, Gleeson, Jagot JJDate:15 Mar 2023Case Number:S142/2022Read more

The High Court revoked special leave in an international child abduction matter after the Irish transcript was produced, removing the factual basis for the appeal.

• Child abduction
• Issue estoppel
• Guardianship
• Special leave to appeal
• Family-law
• International-child-abduction

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Wells Fargo Trust Company, National Association (as owner trustee) v VB Leaseco Pty Ltd (administrators appointed)

Wells Fargo Trust Company, National Association (as owner trustee) v VB Leaseco Pty Ltd (administrators appointed) [2022] HCA 8

The High Court held that under Art XI(2) of the Cape Town Protocol, administrators had to give Wells Fargo an opportunity to take possession in Australia, not redeliver engines to Florida.

• Aircraft leasing
• Insolvency-related event
• Redelivery obligations
• Interpretation of international conventions
• Cape town convention
• Cape-town-convention

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Addy v Commissioner of TaxationCitation:[2021] HCA 34Before:Kiefel CJ, Gageler, Gordon, Edelman, Gleeson JJDate:03 Nov 2021Case Number:S25/2021Read more

The High Court held that applying the higher working-holiday-maker tax rate to a UK national resident in Australia breached the UK convention’s non-discrimination clause.

• Double taxation
• Non-discrimination
• Tax treaties
• Income tax
• Income-tax
• Tax-treaties

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Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang

Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767

The Federal Court enforced a Chinese arbitral award, finding the award and arbitration agreements were duly certified, but refused post-award interest.

• Enforcement of foreign arbitral awards
• Certification of arbitral documents
• Conversion of foreign currency awards
• Costs
• Specific performance
• Foreign-arbitral-award-enforcement

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