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Key decisions

  • Kuczborski v Queensland [2014] HCA 46
  • Wellington Capital Limited v Australian Securities and Investments Commission [2014] HCA 43
  • Kentwell v The Queen [2014] HCA 37
  • Gray v Richards [2014] HCA 40
  • Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41
  • Minister for Immigration and Border Protection v SZSCA [2014] HCA 45
  • Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon [2014] HCA 44
  • Alphapharm Pty Ltd v H Lundbeck A-S [2014] HCA 42

Constitutional law

Kable – anti-bikie laws in Queensland – standing of club member to seek relief

In Kuczborski v Queensland [2014] HCA 46 (14 November 2014) various Acts of the Queensland Parliament including the Vicious Lawless Association Disestablishment Act 2013 (Qld) attempted to destroy various ‘bikie’ gangs by making special penalties applicable to members convicted of certain offences; creating new ‘association’ offences; and making it harder for members to get bail. K (a member of the Hells Angels Motorcycle Club) brought proceedings in the original jurisdiction of the High Court contending the legislation offended the principle in Kable v DPP (NSW) [1996] HCA 24 by involving state courts that had Constitution Chapter III responsibilities in state administrative decisions. The Court generally concluded that K did not have standing to challenge the laws or his interest was hypothetical: French CJ; Crennan, Kiefel, Gageler Keane JJ jointly; contra Hayne J in part. Questions in case stated answered accordingly.

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