Cases and authorities

CRMINAL LAW; Application by Crown to withdraw acceptance of plea and for leave to present fresh indictment; costs

Negligence - breach of duty of care - patrol of nightclub attacked by another patron - whether security staff acted reasonably

Negligence - contributory negligence ; Damages - quantum; No question of principle

Client Legal Privilege; "Confidential Communication" and "Confidential Document".; Waiver.; Whether Evidence Act or common law principles applicable.

Family Provision; Claim by former wife; Separation after marriage of twenty-eight years; Consent orders for spousal maintenance and property in matrimonial proceedings; After separation deceased maintained a continuing relationship with plaintiff until his death twenty-three years later; Financial assistance given by deceased to plaintiff throughout that period; Deceased by his will made provision for plaintiff; Factors which warrant the making of the application; Whether plaintiff can be regarded as a natural object of the testamentary bounty of the deceased; Contributions of plaintiff as homemaker and parent; Plaintiff for fifty years had almost entire responsibility for an intellectually retarded child of the marriage; Present need of plaintiff for security and flexibility in her accommodation; Large estate; No competing claims

Severity of Sentences. Indecent assault. Sexual intercourse; without consent with a child.

CRIMINAL LAW; cheat and defraud as a director; s176A Crimes Act 1900; making a false statement with intent to obtain financial advantage; s178BB Crimes Act 1900; CRIMINAL LAW; indictment; duplicity; CRIMINAL LAW; "unsafe and unsatisfactory"; s5(1), s6(1), s6(2), s8(10 Criminal Appeal Act 1912

Severity of sentence - Community service - Break, enter and steal.

armed robbery; circumstantial evidence; intermediate facts; roles of judge and jury

CRIMINAL LAW; sentencing; appeal by Crown; principles of general deterrence; principle of double jeopardy; CRIMINAL LAW; driving offences; aggravated dangerous driving causing death; s52A(2) Crimes Act 1900

Indecent assault of a female and act of indecency - under 16 years and under authority; sexual intercourse with a person of 10 yrs of age and under 16 yrs under authority - whether unsafe and unsatisfactory - whether medical evidence called on the voir dire but not called before the jury is "fresh" or "new" evidence on appeal (held not to be so). Appellant bound by decision of his trial counsel - Ignjatic (1993) 68 A Crim R 333 @ 336 applied.

Damages - motor vehicle accident - past domestic care - future domestic care - refusal to allow witness to be called on cost of future domestic care - discretion to allow evidence to be given

NEGLIGENCE - Occupier's liability - Injuries to persons entering premises - Duty of care - Factors to be considered in determining if duty breached - Standard of care

ADMINISTRATIVE LAW; decision to move juvenile detainee from one juvenile justice centre to another; whether decision unreasonable; whether implementation of decision should be restrained to prevent tort of negligence.

Costs

Criminal Law and Procedure; Common Law Bribery; Sufficiency of Evidence

Application to set aside a statutory demand

Stay of proceedings - submission to arbitration not admitted by applicant - readiness of applicant to arbitrate - summary judgment - admission outside of pleadings - Pt 18 r 3 considered - admissions insufficiently clear - no defence to limited portion of claim - Pt 13 r 2 applied.

On application by the plaintiff to read as evidence, part of the affidavit of Lola Ann Scott

Severity of Sentence - Fraudulent misappropriation and obtain property by deception.

Hearsay; statement by co-offender; whether made pursuant to common purpose; Evidence Act 1995, ss 65,66,87; prior consistent statement; Credibility rule 15 108

Criminal Law - aggravated indecent assault - adequacy of directions about evidence of sexual conduct other than that charged - need for warning about complainant's evidence - adequacy of directions about delayed complaint - discretion to decline to order new trial.

Corporation - company - application to set aside statutory demand for payment of debt - offsetting claims - debts of defendant assigned to plaintiff after demand and filing of summons

Criminal Law - Practice & Procedure - Application for Verdict by Direction - Causation

Mental Health [8]; Management of affairs; Whether preferable that enduring power of attorney continue or Protective Commissioner manage; Procedure [591]; Costs; Protective List; Application for management of incapable person; General rule does not apply; How discretion as to costs exercised

CRIMINAL LAW - act of indecency towards complainant; meaning of s 61E(2A) Crimes Act 1900 (now s 61N); CRIMINAL LAW - sexual assault; long delay in complaint; admissibility; Evidence Act 1995, ss 66, 108(3)

Sentence - comparable culpability - parity - trial judge's findings - no error

Sentence - Crown appeal - findings of trial judge - "tariff" - small sample of other cases - manifest inadequacy - mental condition - discretions in Crown appeals - constraints on substituted sentence.

Criminal Law and Procedure; Sentence; Drug Importation; Courier; Significant Assistance to Authority; Parity with Co-offender

Sentencing; Drug importation; Ecstasy; Commercial quantity; Middleman

Criminal Law and Procedure; Sentence; Drug Trafficking; Rank and Role of Offender

NEGLIGENCE - occupier's liability - injury to guest at birthday party - whether injury to plaintiff the result of negligence of defendant

Motor vehicle acccident; controlled intersection; trial judge entitled to find as he did.

Negligence - motor vehicle accident - damages - no breach of duty - no error by trial judge.

Motor accident - Injury to ankle - Identification of driver of offending vehicle - Alleged failure of trial judge to consider evidence before him and to provide sufficient reasons

Contract [36]; Contract between solicitors to settle litigation; Deed of release contemplated; No settlement intended until release delivered in circumstances of this case; Proceedings dismissed

Criminal Law & Procedure ; - Identification ; - Recognition; -Failed prior attempt at offence ; - Admissibility

Defamation

Equity. Accounting. Whether just allowance is appropriate in respect of management of property.; Trespass. Claim for mesne profits. Cross claimant who is a trustee in bankruptcy of owner does not obtain possession before action. No claim established.; Minister of the State for the Interior v R.T.Co Pty Ltd (1962) applied.; Principal and Agent. Wrongful collection of rent by agent acting within his authority. Both principal and agent liable.

Summary judgment; possession