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Australia decisions
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Mastercard Asia/Pacific Pte Ltd v Australian Competition and Consumer Commission [2024] FCA 1237
The Federal Court dismissed Mastercard’s application for leave to appeal against an interlocutory decision taking judicial notice of RBA statistical information under s 85A.
Jones v R [2024] NSWDC 448
The District Court allowed Christopher Jones’s conviction appeal after finding the drug test evidence should have been excluded under s 138.
Clarke v Health Care Complaints Commission [2024] FCA 753
Federal Court partly allowed an appeal against vexatious proceedings orders, correcting the scope of a restraint and otherwise upholding the order.
McDiarmid v R [2023] NSWCCA 322
The Court of Criminal Appeal allowed an appeal against a special verdict, holding there was no evidence to support findings about the applicant’s brain impairment and its effect.
R v Nacovski [2021] NSWDC 71
The District Court dismissed a conviction appeal, finding the appellant proved guilty of trespass on prohibited Commonwealth land and ignoring a traffic controller’s direction.
Drew v R [2016] NSWCCA 310
Sentence appeal in a serious domestic violence stabbing case. The Court found error in the vulnerability reasoning but dismissed the appeal, leaving the sentence in place.
Aytugrul v The Queen [2012] HCA 15
The High Court held that exclusion-percentage DNA evidence was not inadmissible in this case, because it was explained with the matching frequency ratio and did not unfairly prejudice or mislead the jury.
Domain Names Australia Pty Ltd v .au Domain Administration Ltd [2004] FCAFC 247
The Full Court dismissed appeals over misleading domain-name renewal notices, holding the trial judge correctly applied s 52 and did not need recipient evidence.
Gattellaro v Westpac Banking Corporation [2004] HCA 6
The High Court dismissed an appeal about judicial notice and an alleged guarantee, holding the appellants failed to prove facts needed to displace liability.
Wallera Pty Ltd v CGM Investments Pty Ltd [2003] FCAFC 279
The Full Federal Court held that a Melbourne franchise agreement had not been abandoned by years of inactivity, allowing the appeal and restoring the question for further hearing.
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