Decided cases

Every High Court judgment, explained.

What the Court held, what it changed, and why it matters — clear, accurate, and grounded in the reasons, within hours of each decision.

Administrative Law | 17 June 2026

How 'first earned, derived or received' in point 1067G-H23 of the Youth Allowance Rate Calculator attributes ordinary income to fortnightly instalment periods

The High Court unanimously resolved how ordinary income from employment is attributed to fortnightly instalment periods under the youth allowance income test when a recipient's pay cycle does not align with the statutory reporting period — holding that the disjunctive phrase 'first earned, derived or received' in point 1067G-H23 provides three independent temporal bases, any one of which suffices.

Tort Law | 17 June 2026

Exemplary damages may be awarded against a government entity on a direct liability basis for unlawful battery of youth detainees

The High Court unanimously restored awards of $200,000 in exemplary damages to each of four youth detainees subjected to unlawful CS gas deployment at the Don Dale Youth Detention Centre, holding that the Northern Territory was directly liable — not merely vicariously liable — for the institutional systems and decisions that facilitated the tortious conduct.

Constitutional Law | 10 June 2026

No common law defence to false imprisonment for Commonwealth officers who detained in reliance on subsequently overruled High Court authority

The High Court unanimously refused to recognise a novel common law defence that would have immunised Commonwealth officers and the Commonwealth from liability for false imprisonment where detention was conducted under statutory provisions whose validity had been upheld by a prior High Court decision later overruled. The decision affirms that invalid legislation confers no rights and affords no protection ab initio, that judicial declarations operate retroactively, and that the executive's constitutional responsibility to comply with the law cannot be converted into an immunity from the consequences of exceeding lawful authority.

Taxation | 10 June 2026

Unpaid present entitlements of corporate beneficiaries are not 'loans' under Division 7A: mere forbearance does not constitute financial accommodation

The High Court has resolved a long-contested question in Division 7A of the ITAA 1936: a private company beneficiary's failure to demand payment of an unpaid present entitlement from a discretionary trust does not constitute a 'loan' to the trustee — whether as 'financial accommodation' under s 109D(3)(b) or as a transaction 'in substance' effecting a loan under s 109D(3)(d).

Admiralty | 13 May 2026

Wreck removal claims excluded from limitation entirely where Australia has exercised its Art 18(1)(a) reservation under the 1976 Convention

The High Court unanimously held that where Australia has exercised its right of reservation under Art 18(1)(a) of the Convention on Limitation of Liability for Maritime Claims (1976) to exclude Art 2(1)(d) and (e), claims for wreck removal are not limitable under the Convention at all — even if they also fall within Art 2(1)(a) as claims for loss of or damage to property. The reservation operates on an "all or nothing" basis.

Intellectual Property | 13 May 2026

Honest concurrent use defence assessed at date of each potential infringement; meaning of 'honest' in s 44(3)(a) authoritatively settled

The High Court unanimously resolved conflicting approaches to the honest concurrent use defence under the Trade Marks Act 1995 (Cth), holding that honesty must be proved at the date of each alleged infringement — not at filing or trial — and that 'honest' requires a subjective state of mind measured against the standards of ordinary, decent people.

Criminal Law | 8 Apr 2026

Tendency evidence established exclusively by charged acts against a single complainant: specificity of formulation, standard of proof, and the test for miscarriage of justice

The High Court held 4-3 that framing a tendency in terms replicating charged conduct and relying exclusively on evidence of charged acts from a single complainant is not inconsistent with the nature of tendency evidence and does not invite impermissible circular reasoning. A tendency direction inviting findings on charged conduct to a lesser standard does not of itself constitute a miscarriage of justice; the test is whether the summing up as a whole gave rise to a real risk of undermining the jury's understanding of proof beyond reasonable doubt.

Courts & Judges | 18 Mar 2026

Adverse credibility findings at the liability stage of a bifurcated civil penalty hearing do not, without more, give rise to apprehended bias at the penalty stage

The High Court unanimously held that a judge who makes strongly adverse credibility findings at the liability stage of a bifurcated civil penalty proceeding is not thereby disqualified from hearing the penalty stage. The perceived tension between orthodox recusal principles and the standard practice of bifurcation is misplaced: there can be no reasonable apprehension of bias from an apprehension that a judge might do exactly what the judge is permitted to do.

Practice & Procedure | 11 Mar 2026

High Court exercises discretionary power to vary orders where footnote in written submissions was overlooked — slip rule applied sparingly

The High Court unanimously varied its own orders to remit a costs issue to the Court of Appeal, after recognising it had overlooked a footnote in the appellants' written submissions. The decision restates the stringent conditions under which the power to correct an accidental slip or omission will be exercised.