Special leave applications tomorrow

This month's special leave applications kick off tomorrow. I'll update with the outcomes but the one to watch, I think, will be State of South Australia v Totani.

That's the case where the SA Supreme Court struck down a section of the Serious and Organised Crime (Control) Act 2008 (SA) (i.e the bikie legislation) which provided for control orders on members of certain prescribed organisations.

The Court (by majority) found invalidity through application of the Kable doctrine. At the time that Totani was handed down the High Court had been loath to apply Kable, but late last year in International Finance Trust Company Limited v NSW Crime Commission [2009] HCA 49 the High Court uncharacteristically applied it, and endorsed it.

Perhaps we will see a resurgence of the relevance of Kable under the French Court.