The cases below will be published in upcoming CLR parts.  The authored catchwords for these cases come from the relevant Australian Law Journal Reports.

For customers who subscribe to cases on Westlaw AU: the case title links to FirstPoint; the media neutral citation links to the unreported full-text judgment; and the ALJR citation links to the report.

Plaintiff S297/2013 v Minister for Immigration and Border Protection [2014] HCA 24; (2014) 88 ALJR 722

Citizenship and Migration — Migration — Categories of visas — Refugee and humanitarian visas — Quotas — Ministerial determination to limit number of protection visas granted in given financial year — Validity — Migration Act 1958  (Cth), ss 39, 65, 65A, 85, 86

Constitutional Law — The non-judicial organs of government — The Crown — Administrative machinery of government — Proclamations, public and Government documents — Other instruments, their form and execution — Ministerial determinations — Publication — Registration — As permissible alternative to publication in Gazette — Legislative Instruments Act 2003  (Cth), s 56, 56(1)

Plaintiff M150 of 2013 v Minister for Immigration and Border Protection [2014] HCA 25; (2014) 88 ALJR 735

Citizenship and Migration — Migration — Categories of visa — Refugee and humanitarian visas — Quotas — Minister’s determination to limit number of protection visas granted in given financial year — Validity — Migration Act 1958  (Cth), ss 39, 65, 65A, 85, 86

Plaintiff S297/2013 v Minister for Immigration and Border Protection [2015] HCA 3; (2015) 89 ALJR 292

Citizenship and Migration — Migration — Categories of visa — Refugee and humanitarian visas — Generally — Primary criteria — Criterion to be satisfied at time of decision — Minister’s satisfaction that grant in national interest — Decision based solely on applicant’s status as unauthorised maritime arrival — Migration Act 1958  (Cth), ss 5AA, 46A, 46A(2) — Migration Regulations 1994  (Cth), Sch 2, cl 866.226

Citizenship and Migration — Migration — Applications for visas — Conversion of visa applications — Conversion where no decision made — Minister’s decision made but legally ineffective — Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014  (Cth) — Migration Act 1958  (Cth), s 45AA(3) — Migration Regulations 1994  (Cth), regs 2.08F, 2.08F(3)(a), 2.08F(3)(b)(iii)

High Court and Federal Court — High Court of Australia — Original jurisdiction — Matters in which High Court has original jurisdiction — Constitutional writs — Mandamus — Enforcement of writ — Return of writ legally insufficient — Issuing peremptory mandamus — Appropriate wording — Judiciary Act 1903  (Cth), s 32

Queensland Nickel Pty Ltd v Commonwealth [2015] HCA 12; (2015) 89 ALJR 451

Constitutional Law — Operation and effect of the Commonwealth Constitution — Restrictions on Commonwealth and State legislation — Preference to one State over another — Laws with respect to taxation — Carbon emissions tax — Application to nickel and cobalt refining — Differential effect — Refineries located in different States — Different processes and products — Identical calculation of offset credits — Constitution, s 99 — Clean Energy Act 2011 (Cth) — Clean Energy Regulations 2011 (Cth), Sch 1, Pt 3 Div 48

 Lindsay v The Queen [2015] HCA 16; (2015) 89 ALJR 518

Criminal Law — General matters — Criminal liability and capacity — Defence matters — Provocation — Availability of defence — South Australia — Provocation at common law

Criminal Law — General matters — Criminal liability and capacity — Defence matters — Provocation — Objective test: ordinary person — Standards of contemporary society — Killing provoked by repeated homosexual advances made by deceased — Subjective circumstances of provocation — Significance

Criminal Law — General matters — Criminal liability and capacity — Defence matters — Provocation — Evidence — Sufficiency — Roles of judge and jury

Criminal Law — Appeal and new trial — Miscarriage of justice — Dismissal of appeal where no substantial miscarriage of justice — General principles — Where prosecution does not seek application of proviso — Whether court entitled to do so on own motion — Criminal Law Consolidation Act 1935  (SA), s 353(1)

King v Philcox [2015] HCA 19; (2015) 89 ALJR 582

Torts — Negligence — Essentials of action for negligence — Where nervous shock or mental disorder — Statutory provisions — Pure mental harm suffered as result of accident — Person present at aftermath of motor vehicle accident — Claimant not parent, spouse or child of person killed — Meaning of ‘present at the scene of the accident when the accident occurred’ — ‘Accident’ — Civil Liability Act 1936  (SA), ss 3, 53, 53(1)(a) — Civil Liability Act 2002  (NSW), s 30(2)

Torts — Negligence — Essentials of action for negligence — Where nervous shock or mental disorder — Statutory provisions — South Australia — Duty of care not to cause mental harm — Foreseeability of person of normal fortitude suffering psychiatric illness — Civil Liability Act 1936  (SA), s 33