Zurich Insurance Company Ltd v Koper

High Court of Australia, 8 August 2023

[2023] HCA 25, (2023) 277 CLR 164, (2023) 97 ALJR 614

• Constitutional Law (Cth) — Powers of Commonwealth Parliament — Implications from Commonwealth Constitution — Jurisdiction — Service of judicial process of State court outside Australia — Leave sought under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) to bring proceedings in New South Wales against insurers — Issue arose as to whether possible to serve process on New Zealand-based insured under Trans-Tasman Proceedings Act 2010 (Cth) — Whether ss 9 and 10 of Trans-Tasman Proceedings Act 2010 (Cth) invalid in application to initiating document issued by State court in relation to civil proceeding in State jurisdiction — Whether capacity of Commonwealth Parliament to alter scope and reach of State judicial power subject to implied limitation  — Commonwealth Constitution (Cth), ss 51(xxiv), 77(ii), 77(iii)

Realestate.com.au Pty Ltd v Hardingham

High Court of Australia,14 December 2022

[2022] HCA 39, (2022) 277 CLR 115, (2022) 97 ALJR 40

• Contract — Informal agreements — Implied term — Copyright — Real estate agencies commissioned professional photography and floor plans of properties for use in marketing campaigns for sale or lease of properties — Real estate agencies given licence to use photographs and floor plans for purpose of marketing, and right to grant sub-licence for that purpose — Whether agencies' licence and right to grant sub-licence limited to period of marketing campaign for sale or lease of property
• Copyright — Infringement — Authorisation of infringement — Original artistic works  — Licence and sub-licence — Whether act constituting alleged infringement was authorised by a licence binding the owner of the copyright — Copyright Act 1968 (Cth), s 15

Garlett v Western Australia

High Court of Australia, 7 September 2022

[2022] HCA 30, (2022) 277 CLR 1, (2022) 298 A Crim R 510, (2022) 96 ALJR 888

• Constitutional Law (Cth) — Judicial power of Commonwealth — Vesting in State courts — State Act requiring Supreme Court to make restriction order in relation to a serious offender under custodial sentence if satisfied that order necessary to ensure adequate protection of community against unacceptable risk that offender will commit serious offence — Robbery specified as a serious offence — Whether function conferred by State Act incompatible with role of Supreme Court as repository of judicial power of Commonwealth — Whether law substantially impairs institutional integrity of Supreme Court — Whether Supreme Court acting under dictation of executive government — Commonwealth Constitution (Cth), Ch III — High Risk Serious Offenders Act 2020 (WA), ss 7, 48, Sch 1, Div 1, Subdiv 3, item 34