Australian Courts of Appeal (Friday 30 October 2026)

Send us Fan Mail Twelve headnoted appellate decisions from six courts in the edition of Friday 30 October 2026, with the Queensland, Victoria and Western Australia editions of the same roll-up folded in. A tax fraud prosecution stayed on terms; directors ordered to compensate a diluted shareholder personally; a split decision on an off-the-plan sunset clause; contributory negligence measured by skill; vexatious proceedings orders; a remitter and a reference date; apprehended bias at the Judicial Commission; and the death cap mushroom appeal. Two child sexual offence appeals are reported as legal doctrine only. Criminal Law Desk (opening story). Commonwealth Director of Public Prosecutions v Clarke (a pseudonym) [2026] QCA 219 - questioning under s 353-10 Sch 1 Taxation Administration Act 1953 (Cth) about suspected fraud is within the administration of the tax laws, and a mixed improper purpose is substantial only on a but-for test; misconduct on a related discontinued State charge is relevant by its connections; ten misconduct findings upheld; relief may be moulded short of a permanent stay. Appeal allowed in part: the prosecution is stayed and not to proceed without an order of the District Court, on an application on undertakings within 90 days. The respondent has not been tried and is presumed innocent (Bond, Brown and Bradley JJA; also the Queensland edition). JADE Patterson v The King [2026] VSCA 253 - the double might test for jury separation where only a risk is relied on, facts found first; seeing is not communicating; a calculated forensic choice binds; the 30-year minimum under s 11A(4) Sentencing Act 1991 (Vic) is a floor; harsh conditions do not compel a non-parole period. Conviction appeal dismissed; Director's appeal allowed, the 33-year non-parole period set aside and no non-parole period fixed (McLeish, Taylor and Kidd JJA; also the Victoria edition). JADE R v NAL [2026] QCA 218 - an attempt to suborn a witness is an implied admission capable of showing consciousness of guilt; mere denials cannot found that inference; the repeated Liberato direction neutralised the prosecutor's error. Appeal dismissed (Mullins P, Callaghan and Sullivan JJ; also the Queensland edition). Legal doctrine only. JADE Dunn (a Pseudonym) v The King [2026] SASCA 130 - after a judge-alone trial, the must-not-might test; reasons are inadequate only if they fail to explain a conclusion on a significant dispute that is a necessary step to the verdict; improbability reasoning not deployed. Permission granted on two grounds; appeal dismissed (Bleby, David and Stanley JJA). Legal doctrine only. JADE Commercial Law Desk . Aulich v Scott [2026] FCAFC 139 - under s 232(e) Corporations Act 2001 (Cth) unfairness is objective, but an improper purpose lets it be found more readily; a constitutional power to allot shares on any terms is fiduciary and no answer; unfairness judged on facts known to the directors; directors may be ordered personally to compensate a shareholder under s 233(1). Appeal dismissed (Charlesworth, Goodman and Neskovcin JJ; also today's Federal Courts brief). JADE CAV Gasworks Pty Ltd v JYP Jiang Pty Ltd [2026] QCA 221 - by majority, 'cannot' in an off-the-plan sunset clause extends to a practical inability to give a notice triggering settlement within 14 days; Hindman J implied a term of honest and reasonable satisfaction; Bradley JA dissenting. Appeal allowed; the judgment set aside save the declaration concerning the deposit (Bradley JA, Crow and Hindman JJ; also the Queensland edition). <a