Reforming urgent business before the Court
… or during, proceedings to preserve the rights of parties or compel the undertaking of an action. Common examples include applications for injunctions, restraining … of practices regarding urgent Court business, are designed to take greater advantage of the specialist …
Judgment handed down in Roger Ward (a pseudonym) v The Queen
… was sentenced to nine years' imprisonment, with a non-parole period of seven years. The appeal against conviction … trial, the prosecutor invited the jury to employ [their] common experience in assessing J's answers. Having reviewed … inconsistencies in the evidence are unlikely to serve the desired purpose of creating a doubt in the minds of the jury …
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Antonios Mokbel v The King [2023] VSCA 40
… of being knowingly concerned in importing a traffickable quantity of cocaine, was sentenced to 12 years’ … a drug of dependence in an amount not less than a large commercial quantity, one charge of incitement to import a … Section 326E(3) of the Criminal Procedure Act 2009 provides for the variation of a sentence which, when it was …
/areas/case-summaries/judgments/antonios-mokbel-v-the-king-2023-vsca-40
Bail applications
… hearing to decide whether or not the applicant should be released from custody to then attend a court for their case on … indicative of the information required by the court and are designed to assist applicants and respondents with the … to progress the listing. Applicants will be asked to complete a Supreme Court Bail Application Checklist . The …
Judgment handed down in Certain Children v Min. for Families and Children and Ors
… Barwon adult maximum security prison, known as the Grevillea Unit, today succeeded in their challenge to the … Youth and Families Act were unlawful due to being incompatible with the human rights under ss 17 and 22(1) of … periods of the day, extending up to 23 hours, in cells designed for occupation by adult men. These conditions …
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DPP v Thomas Sewell & Jacob Hersant [2024] VSCA 70
… sentence indication, Thomas Sewell and Jacob Hersant each pleaded guilty to a charge of violent disorder. On 26 September 2023, Sewell also pleaded guilty to committing an indictable offence whilst on bail. The …
/areas/case-summaries/judgments/dpp-v-thomas-sewell-jacob-hersant-2024-vsca-70
Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175
… Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue 8 August 2024 Today, the Court … applicant for duty. The applicant is a special purpose vehicle established for the purpose of a property development … that the target of 1.8 million shares be achieved by 26 June 2014. In the result, on 2 July 2014, the applicant …
Notice to the Profession - New Scale of Costs
… for a time-based costing regime, which would replace the Scale of Costs as a basis for party/party costs recovery in … will be allowed having regard to item 2; (ii) The commencement date of the new Scale is to be 1 January 2025 ; … an individual litigant, not entitled to an input tax credit, can recover the GST component of the costs paid for …
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The State, Territory and Federal Courts on Constitutional Law in the 2023 Term
… PART A: INTRODUCTION I would like to begin by also acknowledging the Gadigal people of the Eora Nation as the … Commonwealth Minister had made a decision concerning the site for a radioactive waste facility. The applicant … Likiardopoulos v The Queen (2012) 247 CLR 265. [28] [2023] FCAFC 162. [29] BMW Australia Ltd v Brewster (2019) 269 CLR …
The importance of strong and enduring institutions – Monash University Law Review 51st Annual Dinner
… Review 51st Annual Dinner Good evening. I begin by acknowledging the Traditional Owners of this land, the Wurundjeri … faculty members in attendance this evening, the Editorial Committee of the Law Review, fellow judges and other … in 1854 as the Melbourne Public Library, it is the oldest public library in Australia, and one of the first free …
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