Judgment handed down in the matter of Re Mamounia Pty Ltd (in liquidation)
… business has been sold. The brothers have fallen out. The company was put into a voluntary liquidation. The company … trust assets as a bare trustee. The liquidators have realised some $1.3 million in the liquidation and have … the family, that are owed some $800,000. The brothers and their related entities have made claims in the liquidation …
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Judgment handed down in Burgess v The Queen
… The Court of Appeal today dismissed an appeal against sentence by an 83 year old man, … years in the late 1980s and early 1990s in respect of a complainant who was between the ages of around nine and 14 … The Court of Appeal noted that sentencing statistics have their limitations. The application for leave to appeal was …
New Judicial Officers Appointed - July 2021
… Amanda Fox have been appointed as judges, and Judicial Registrar Ian Irving as an associate judge. Dr Button QC, … appointment takes effect on 9 August 2021, will sit in the Commercial Court. Currently practising as a QC, Dr Button … The Court warmly congratulates the new judicial officers on their appointments. Read the media release on the Premier …
Disrupting how we use pleadings in complex construction disputes
… Address entitled: Disrupting how we use pleadings in complex construction disputes . 3 I am truly flattered … notice of those issues at the earliest possible stage . 26 By defining the issues in dispute, pleadings also … speech. [2] Fieldturf Inc v Balsam Pacific Pty Ltd [2003] FCA 809, [3]. [3] See E Thornburg and C Cameron, Defining …
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Judgment handed down in Aitkin v The Queen
… today allowed an appeal against a sentence of 5 years' imprisonment for the offence of blackmail on the bases that the … appellant made numerous demands to the 17 year old female complainant, whom he had known since her birth, that she telephone him to discuss the end of their friendship and that she repay an amount of $310. He …
Judgment handed down in DPP (Cth) v Donald Galloway (a pseudonym) and Ors
… Redlich and Justice Beach) today allowed an appeal by the Commonwealth Director of Public Prosecutions ('CDPP') … were each compulsorily examined by the Australian Crime Commission ('ACC') about the subject-matter of the allegations … respondents would be unfairly constrained in the conduct of their defences. Her Honour also upheld the respondents' …
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Welcome to the Profession, hosted by the Law Institute of Victoria
… the land on which we meet tonight. I offer my respects to their elders, past and present, and extend that respect to … Lawyer section for inviting me. Congratulations and welcome to the profession! Almost 30 years ago, a nervous young … Journal of the Association of Legal Writing Directors 258, 260. [5] Dr Carol S Dweck, Mindset (Robinson, Revised ed, …
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Socially Disadvantaged Accused: How (or Should) Courts Take This into Account?
… A. Introduction The problem of disparate offenders. A crime is a crime because, generally, a … Parliament says so. When stating that particular conduct, accompanied by a certain mental state, is a crime, Parliament … thing. The more that you view people as determined by their background and upbringing, and having had their …
Glossary of legal terms
… but does not, the Court can say the applicant has abandoned their case and may dismiss it. Abridge Where the time to do … court or tribunal by a higher court. Appellant A person or company who appeals against a court or tribunal decision. … imprisonment or both. Costs Fees for lawyers’ professional services and disbursements (out-of-pocket expenses), such as …
SC CL 9 Judicial Review and Appeals List (Third Revision)
… List. The List is a case management list within the Common Law Division of the Court. 1.3 Invariably, … Victorian Administrative Law, vol 2 (at update 176) [JR.260]; Rule 77.01(2)(a)(ii) of the Chapter I Rules. [2] See … Rehabilitation and Compensation Commission (2009) 174 FCR 574 at 577 [12]-[16] and cases there cited, especially …
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