Australian Courts of Appeal (Friday 6 November 2026)

Send us Fan Mail Twelve headnoted appellate decisions from four courts in the Court of Appeal edition of Friday 6 November 2026, with the New South Wales, Queensland and Western Australia editions of the same roll-up folded in. A Kable challenge the court declined to decide; emails as information, not property, in self-defence; a State that submitted to jurisdiction; liability now and damages later at VCAT; and duress by caveat. An abuse claim, domestic violence offending and a sexual offence are reported as legal doctrine only. Public Law Desk (opening story). Rapid Legal Solutions Pty Ltd v State of Queensland [2026] QCA 227 - a court ordinarily will not decide a constitutional challenge to provisions that do not bear on the party; the s 9 Acts Interpretation Act 1954 (Qld) severance presumption yields only to a positive all-or-nothing intention, not reduced effectiveness; severing ss 87ZM and 87ZQ(3)(b) Motor Accident Insurance Act 1994 (Qld) leaves Pt 5B's purpose intact. Appeal dismissed with costs; the Kable question not decided (Bond and Doyle JJA, Cooper J; also Friday's Queensland edition). JADE Clarkson v Ray White Gladstone [2026] QCA 228 - "residents" in s 75(iv) of the Constitution means natural persons only (Howe binding); s 2C Acts Interpretation Act 1901 (Cth) cannot alter the Constitution. Appeal dismissed (Bond and Doyle JJA, Hindman J; also Friday's Queensland edition). JADE Parole Board Queensland v James [2026] QCA 226 - exceptional circumstances under s 194(1)(a) Corrective Services Act 2006 (Qld) must justify more favourable treatment on the release date; a non-retrospective concession is not of itself exceptional (Doyle JA and Hindman J; Bond JA no view). Appeal allowed, the primary judge's orders set aside (Bond and Doyle JJA, Hindman J; also Friday's Queensland edition). JADE Criminal Law Desk (the self-defence matter is pending; no one identified). R v Xerri (a pseudonym) [2026] NSWCCA 183 - on a s 5B Criminal Appeal Act 1912 (NSW) stated case, confined to the facts stated, emails shown only as text on a screen were information, not "property" under s 418(2)(c) Crimes Act 1900 (NSW), and reading them aloud was not "interference". Acquittal quashed and the conviction appeal remitted to the District Court to be determined according to law (N Adams CJ at CL, Cavanagh and Muston JJ; also Friday's New South Wales edition). Nothing is predicted. JADE Brooker v R [2026] NSWCCA 181 - where sentencing remarks admit competing interpretations, error is not inferred if the preferable one shows none; a quantity just into the commercial range remains serious. Leave granted, appeal dismissed (Ward ACJ, Dhanji and Yehia JJ; also Friday's New South Wales edition). JADE Gatt v R [2026] NSWCCA 182 - rejecting an unchallenged psychologist's opinion without forewarning was procedurally unfair and caused practical injustice under s 5(1)(c). Appeal allowed and resentenced (Roberts J, N Adams CJ at CL agreeing; Dhanji J would have imposed a lesser sentence; also Friday's New South Wales edition). Reported as legal doctrine only. JADE Penhaligon v Attorney-General for the State of Queensland [2026] QCA 225 - under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) an offence "involving violence" need not have violence as an element; mere physical contact is not enough; violence found by two routes. Appeal dismissed with costs, at the preliminary hearing stage (Boddice and Doyle JJA, Morrison AJA; also Friday's Queensland