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Having referred to certain treaties which were cited by the Parties in this regard , and having concluded that they do not define the immunities of Ministers for Foreign Affairs , the Court finds that it must decide the questions relating to these immunities on the basis of customary international law . Proceeding from the maxim that " money talks , " the Court finds that the expenditure limitations will seriously curtail political expression by candidates and interfere substantially with their chances for election . On 11 September 2001 , Justice North in the Federal Court found that the Commonwealth had detained without lawful authority the asylum seekers rescued by MV Tampa . Therefore , the Court finds that the terms of the retainer agreement are ambiguous . Taking into account the fact that it has decided that Bahrain has sovereignty over the Hawar Islands , the Court finds that the disparity in length of the coastal fronts of the Parties cannot , as Qatar claims , be considered such as to necessitate an adjustment of the equidistance line . It 's not hard to imagine the Supreme Court finding that a journalist engaged in newsgathering under these circumstances is entitled to some form of heightened protection from prosecution . The Court found that this complex question was not adequately developed by the parties and , in its own discussion , referred only to the arguments that the parties did bring . The Court found that Miller had no expectation of privacy in the bank records , reasoning that " The depositor takes the risk , in revealing his affairs to another , that the information will be conveyed by that person to the Government ... The High Court found that in order to have native title recognised , the claimant group must show that it , or its members have practised their traditional laws and customs continuously since European settlement . The Court of Appeal , however , confirmed the decision of the High Court finding that , although a jury trial was the preferred approach , in this case the idea that the scientific evidence was too complex for a jury was compelling . It was not until after the Civil War that the Court found that the eleventh amendment barred suits of citizens against their own Government as the prelude to Hans v. Louisiana . The Court finds that in this respect no distinction can be drawn between acts performed by a Minister for Foreign Affairs in an " official " capacity and those claimed to have been performed in a " private capacity " , or , for that matter , between acts performed before the person concerned assumed office as Minister for Foreign Affairs and acts committed during the period of office .