Principles

Chief Commissioner v Gentner [2026] VSCA 22

The court in this case (at [72]) noted that, when selecting between competing interpretations, regard may be had to the consequences of each¹⁰.  Detective G was charged with a breach of discipline.  Another officer later amended the charge, found it proved, and determined that G should be dismissed.  The regulation said …

Supaphien v Chaiyabarn [2026] ACTCA 5

A ‘shopping service’ operator was accused of selling a fake Chanel handbag.  A social media video later detailed the allegation without naming the person¹³.  She sued for defamation alleging ‘serious harm’¹⁴. 

One issue was how social media posts are to be understood.  The trial judge said that posts are to …

Dermatology & Cosmetic v Nichols [2025] VSCA 328

After surgery, N sued the doctors for ‘significant injury’⁴.  Her solicitors emailed medical assessments to their solicitor.  These came to the doctors’ attention a few days later.  The doctors challenged the assessments by way of referral to a medical panel.  The referral was valid only if it occurred within 60 …

Royal Embassy [etc] v Saleh [2025] FCAFC 184

Foreign states now enjoy only limited immunity from domestic jurisdiction¹⁰.  In an unfair dismissal action by mission staff, the embassy argued that the Fair Work Commission was not a ‘court’.  Therefore, the employment exception to immunity did not apply¹¹, & the embassy had absolute immunity at common law. …

Hoang v Minister [2026] FedCFamC2G 26

It was not disputed that a visa scheme responding to family violence was ‘beneficial legislation’, and to ‘be accorded a fair, large and liberal interpretation’¹³. 

An earlier decision, informed by this principle, had permitted a psychologist to provide a ‘medical report’ under a legislative instrument.  This was argued to be ‘plainly wrong’ …

FCT v SNA Group [2026] FCAFC 10

Law students early in their studies learn that the objective theory of contract is ‘in command of the field’.  This case (at [15-21]) explains the principles.

Contract formation and terms depend on the words and conduct of the parties as reasonably understood by reasonable people in their position, not on any actual subjective …

Farshchi v The King [2025] HCA 46

F appealed against federal convictions on the basis that directions to the jury under state law diminished the criminal standard of proof⁷.  The trial judge said ‘a reasonable doubt is not … an unrealistic possibility’. 

The plurality (at [16]) said that the state law merely carved out things that ‘could not …

NSW Aboriginal LC v Minister [2025] NSWLEC 144

Just because legislation has a general beneficial purpose does not mean all provisions bend to that objective.  The issue usually resolves to how far provisions go in progressing a general purpose⁹.  The question here was whether 2 lots claimed by the council were ‘claimable Crown lands’¹⁰.  The Minister …

Harris v Military Rehabilitation [2025] FCAFC 198

Edelman J recently explained why the presumption against surplusage seldom carries great weight¹².  In the present case (at [23]), further reasons are suggested by the Full Federal Court.  Once it is appreciated parliament has approved a text which includes surplusage, parliamentary supremacy ‘necessarily includes accepting that sometimes parliament might approve the …

Campbelltown Central v CCSR [2025] NSWSC 1568

Bennett J held that ‘confirmation deeds’ involved no declaration of trust for duties purposes.  Our interest in the case is twofold.  First, the ‘well established’ principles by which contracts are read are set out¹³.  Second, it was confirmed that it is not necessary to find ambiguity before ‘surrounding circumstances’ can be …