Friday, September 25, 2009
Wednesday, September 23, 2009
New Tasmanian Supreme Court Decision
McDonald v Nilsson [2009] TASSC 83 (21 September 2009)
Magistrates - Jurisdiction and procedure generally - Procedure - The hearing - Matters relating to decision - Duty to state reasons for sentence - Whether breach of duty and an error of law.Trueman v Tasmania [2009] TASSC 29; Harrison v Taws [2009] TASSC 33, discussed.Aust Dig Magistrates [128]
Monday, September 21, 2009
News from the UK
First hearings in new British supreme court shrouded in secrecy
The Supreme Court, which opens its doors next month, is supposed to herald a new era in British justice — contemporary surroundings, television cameras and transparent justice.
Assisted suicide investigations will focus on who stood to benefit
People who stand to benefit financially from a person’s death are likely to be the ones prosecuted for assisting a suicide, under guidelines to be issued this week.
News from the US
DOJ urges federal judge to reject Google book search settlement
The US Department of Justice (DOJ) filed a statement of interest Friday urging the US District Court for the Southern District of New York to reject a class action settlement in a copyright suit against Google.
Tasmanian Supreme Court Judgments
Gallagher v State of Tasmania [2009] TASSC 84 (18 September 2009)
Criminal Law - Particular offences - Driving offences - Sentence - Culpable or dangerous driving causing death - Tasmania - Whether sentence of four years' imprisonment (non-parole two years and eight months) excessive - Whether sentence imposed recognised differences in situations of appellant and co-accused convicted of more serious crime - Factors considered.Shipton v R [2003] TASSC 23; Director of Public Prosecutions v Watson [2004] TASSC 54; Jurisic v R (1998) 45 NSWLR 209, referred to.Aust Dig Criminal Law [2516]
Ross Ambrose Group Pty Ltd v Renkon Pty Ltd [2009] TASSC 86 (18 September 2009)
Professions and Trades - Lawyers - Duties and liabilities - Solicitor and client - Negligence - Generally - What constitutes negligence - Failure to advise about entirety of capacity to avoid obligations to third party.
Thursday, September 17, 2009
Anti-terror Laws
Swift review of anti-terror laws sought
A Senate Committee report has recommended the introduction of an independent monitor for anti-terrorism laws, with the Law Council of Australia calling for swift implementation.New Judgments Supreme Court of Tasmania
Tasmanian Perpetual Trustees Ltd v Bell [2009] TASSC 79 (11 September 2009)
Succession - Wills, probate and administration - Construction and effect of testamentary dispositions - Generally - Gifts to survivors - Meaning of term and period to which referable - Meaning of "Survivors of them" - Whether extends to spouse of one who did not survive.Knight v Knight [1912] HCA 36; (1912) 14 CLR 86; Brennan v Permanent Trustee Company of New South Wales Limited [1945] HCA 17; (1945) 73 CLR 404, applied.Aust Dig Succession [185]
P v Tasmania [2009] TASSC 81 (11 September 2009)
Criminal Law - Evidence - Relevance - Particular cases - Relationship evidence - Rape - Evidence of prior uncharged rapes and violence - Admitted to place evidence of complainant in context.
Department of Police and Emergency Management v Greaves [2009] TASSC 77 (10 September 2009)
Criminal Law - Appeal and new trial - Appeal against sentence - Appeals by Crown - Principles applied by appellate court to Crown appeals.
Friday, September 11, 2009
Pumptech Tasmania Pty Ltd v CB&M Design Solutions Pty Ltd (No 2) [2009] TASSC 78 (10 September 2009)
Procedure - Supreme Court procedure - Tasmania - Practice under Rules of Court.
Other matters arising before trial - Directions hearings - Non-compliance with orders by defendant - Judgment for plaintiff - Application to set judgment aside.Supreme Court Rules 2000 (Tas), r374(b).Ridge Lane Pty Ltd v Gadzhis [2007] VSC 212; Jorgensen v Slater & Gordon Pty Ltd [2008] VSCA 110; Brocx v Hughes [2008] WASC 34, followed.Aon Risk Services Australia Limited v Australian National University [2009] HCA 27, referred to.Aust Dig Procedure [277]
Other matters arising before trial - Directions hearings - Non-compliance with orders by defendant - Judgment for plaintiff - Application to set judgment aside.Supreme Court Rules 2000 (Tas), r374(b).Ridge Lane Pty Ltd v Gadzhis [2007] VSC 212; Jorgensen v Slater & Gordon Pty Ltd [2008] VSCA 110; Brocx v Hughes [2008] WASC 34, followed.Aon Risk Services Australia Limited v Australian National University [2009] HCA 27, referred to.Aust Dig Procedure [277]
Thursday, September 10, 2009
Karadzic war crimes trial set for October 19
The trial of war crimes suspect Radovan Karadzic is scheduled to begin October 19, according to a press release [text] from the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]
Wednesday. Presiding Judge O-Gon Kwon said the trial of the former Bosnian Serb leader is likely to last between two-and-a-half to three years.
Wednesday. Presiding Judge O-Gon Kwon said the trial of the former Bosnian Serb leader is likely to last between two-and-a-half to three years.
Protection for victims of torture and inhumane treatment
Minister for Immigration and Citizenship. Complementary protection will cover circumstances in which a person may currently be refused a Protection visa because the reason for the persecution or harm on return is not for one of the specified reasons in the Refugees Convention - that is not on the basis of race, religion, nationality, membership of a particular social group or political opinion. 'This Bill will enable Australia to meet our protection obligations under international human rights treaties for people who may not be covered by the Refugees Convention but cannot return home because they would be killed, tortured or be subjected to inhumane treatment.
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