The following table details all Judgments handed down from the Supreme and District Courts over the past 2 months.
See ERD Judgments for judgments handed down by the Environment, Resources and Development Court.

Attachments Title Court Date Digest Heading
CACAS & ANOR v MEGAMEG & ANOR (No 2) [2019] SADC 14 District Court 14/02/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS

R v SORENSON [2019] SASCFC 13 Supreme Court - Court of Criminal Appeal 14/02/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - PROCEDURE - VERDICT - ALTERNATIVE VERDICTS - DIRECTIONS TO JURY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - ALTERNATIVE VERDICTS

COSENZA v GRAHAM & ANOR [2019] SASCFC 15 Supreme Court - Full Court 14/02/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - INITIATING PROCESS: INFORMATION, COMPLAINT, NOTICE OR CHARGE
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - PARTICULARS AND CONTENT OF INITIATING PROCESS
MAGISTRATES - COMMENCEMENT OF PROCEEDINGS - AMENDMENT OF INITIATING PROCESS

GEORGE STREET STEEL PTY LTD (ACN 008 179 708) v WILSON PASTORAL INTERNATIONAL PTY LTD (ACN 167 284 399) & ORS [2019] SADC 11 District Court 8/02/2019

​CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - RECOVERY ON QUANTUM MERUIT
INDUSTRIAL LAW - SOUTH AUSTRALIA - REGULATION OF PARTICULAR MATTERS UNDER PARTICULAR STATUTES - WORKMEN'S LIENS
PROFESSIONS AND TRADES - ENGINEERS - NEGLIGENCE

R v COSTANZO [2019] SADC 12 District Court 8/02/2019

​EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS

ATTORNEY-GENERAL (SA) v V, ZR [2019] SASC 1 Supreme Court 11/01/2019

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - PROTECTION OF COMMUNITY

JAMIESON v WOTTON & ORS [2019] SADC 10 District Court 22/01/2019

​LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - ELECTIONS - DISPUTED ELECTIONS AND OUSTER - PARTICULAR IRREGULARITIES

KHAN v REGISTRAR OF MOTOR VEHICLES [2019] SADC 2 District Court 18/01/2019

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - GENERALLY

METJAC HOLDINGS PTY LTD v MINISTER FOR SUSTAINABILITY, ENVIRONMENT AND CONSERVATION [2019] SASCFC 12 Supreme Court - Full Court 8/02/2019

​ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT AND ITS PREDECESSORS - POWERS ON APPEAL
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING SCHEMES AND INSTRUMENTS - SOUTH AUSTRALIA - GENERALLY
ENERGY AND RESOURCES - WATER - WATER MANAGEMENT - WATER USAGE RIGHTS - WATER ALLOCATION
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND CLAUSES - PARTICULAR ACTS AND ORDINANCES - SOUTH AUSTRALIA

SHAHIN ENTERPRISES PTY LTD v BP AUSTRALIA PTY LTD [2019] SASC 12 Supreme Court 8/02/2019

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS
CONVEYANCING - THE CONTRACT AND CONDITIONS OF SALE - SALE OF BUSINESSES - OTHER CONDITIONS
HUMAN RIGHTS - PRIVACY LEGISLATION

FERGUSON v STATE OF SOUTH AUSTRALIA & ANOR (No 2) [2019] SASC 10 Supreme Court 8/02/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - GENERALLY - POWER OF COURT TO EXTEND LIMITATION PERIOD

KNIGHT FRANK AUSTRALIA PTY LTD v AUSTRALIAN CENTRAL CREDIT UNION LTD [2019] SASC 9 Supreme Court 7/02/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - WHERE INFERENCES OF FACT INVOLVED
LANDLORD AND TENANT - TERMINATION OF THE TENANCY - SURRENDER
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS
EQUITY - EQUITABLE REMEDIES

R v ROUSVANIS [2019] SADC 9 District Court 6/02/2019

​CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - EVIDENCE OF UNCHARGED ACTS

W, N v POLICE [2019] SASC 11 Supreme Court 6/12/2018

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES

GWENDOLINE KATHERINE WILKINSON (DECEASED) [2018] SASC 200 Supreme Court 24/12/2018

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - PASSING OVER OF EXECUTOR AND OTHER MATTERS
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - PUBLIC TRUSTEES AND CURATORS

HARRADINE v THE COMMONWEALTH OF AUSTRALIA (CHILD SUPPORT AGENCY) [2018] SADC 144 District Court 20/12/2018

​TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

R v KOTZ [2019] SADC 3 District Court 22/01/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD

GARDEN ESTATE HACKHAM PTY LTD & ORS v ANGAS SECURITIES LTD & ORS [2018] SASCFC 140 Supreme Court - Full Court 21/12/2018

LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - APPLICATION OF THE STATUTES TO PARTICULAR CAUSES OF ACTION
LIMITATION OF ACTIONS - CONTRACTS, TORTS AND PERSONAL ACTIONS - WHEN TIME BEGINS TO RUN - PARTICULAR CAUSES OF ACTION

NORTH ADELAIDE SERVICE PARTNERSHIP v RETAIL EMPLOYEES SUPERANNUATION PTY LTD [2019] SASC 5 Supreme Court 30/01/2019

​RESTITUTION - MISTAKE: RESTITUTION ARISING FROM A PLAINTIFF'S MISTAKEN ACTIONS - RECOVERY OF MONEY PAID UNDER MISTAKE
EQUITY - GENERAL PRINCIPLES - MISTAKE - RECOVERY OF MONEY PAID OR EXPENDED - MONEY PAID BY MISTAKE - GENERAL PRINCIPLES - MISTAKE OF FACT
CORPORATIONS - LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS - ACTS OF OR KNOWLEDGE OF CORPORATION

R v B, RP [2019] SASCFC 9 Supreme Court - Court of Criminal Appeal 4/02/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD AND PERSISTENT SEXUAL ABUSE OF CHILD

R v DEVRIES [2019] SASCFC 8 Supreme Court - Court of Criminal Appeal 4/02/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY

R v MALAKOUTI [2018] SASCFC 115 Supreme Court - Court of Criminal Appeal 5/11/2018

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES

R v WEBB [2019] SASC 8 Supreme Court 1/02/2019

​CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL

STONE v POLICE [2019] SASCFC 10 Supreme Court - Full Court 4/02/2019

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL

MANOLAKIS v HENDERSON (No 2) [2019] SADC 6 District Court 21/12/2018

​TRAFFIC LAW - STATUTORY RESTRICTIONS ON COMPENSATION IN RESPECT OF MOTOR VEHICLE ACCIDENTS - SOUTH AUSTRALIA - ASSESSMENT AND AMOUNT OF COMPENSATION - NON-ECONOMIC LOSS

SP HAY PTY LTD ACN 093 703 765 v DAVID GRAY & CO PTY LTD ACN 008 671 127 [2019] SASC 6 Supreme Court 31/01/2019

​CORPORATIONS

HOWLEY v GHAN [2019] SASC 4 Supreme Court 25/01/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - INDEMNITY COSTS - PARTICULAR CASES - ABUSE OF PROCESS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - PARTICULAR CASES INVOLVING ERROR OF LAW - FAILURE TO GIVE REASONS FOR DECISION - ADEQUACY OF REASONS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - COSTS

ECKERSLEY DEVELOPMENT PTY LTD v STATE COMMISSION ASSESSMENT PANEL [2019] SASCFC 6 Supreme Court - Full Court 25/01/2019

​ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - ENVIRONMENTAL, RESOURCES AND DEVELOPMENT COURT AND ITS PREDECESSORS - RIGHT AND AVAILABILITY OF APPEAL
ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - APPLICATIONS - NOTICE AND ADVERTISING - ADVERTISEMENT - GENERALLY
COURTS AND JUDGES - COURTS - JURISDICTION AND POWERS - COURTS OF RECORD - PARTICULAR COURTS

R v P, G [2019] SASCFC 7 Supreme Court - Court of Criminal Appeal 25/01/2019

​APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - DIRECTIONS AS TO PARTICULAR MATTERS - OTHER MATTERS
CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - STATUTORY PROVISIONS RELATING TO EVIDENCE OF CHILDREN
CRIMINAL LAW - EVIDENCE - CORROBORATION - WARNING REQUIRED OR ADVISABLE - CHILDREN

R v DICKSON [2019] SADC 4 District Court 22/01/2019

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES

R v K, GA [2019] SASCFC 2 Supreme Court - Court of Criminal Appeal 18/01/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES
EVIDENCE - WITNESSES - SWEARING AND OATHS - CAPACITY IN GENERAL - YOUNG CHILDREN

R v NICHOLAS & NICHOLAS [2019] SASCFC 1 Supreme Court - Court of Criminal Appeal 18/01/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING

ATTORNEY-GENERAL (SA) v MARMANIDIS [2019] SASCFC 3 Supreme Court - Full Court 17/01/2019

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - SETTING ASIDE - GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT OR ORDER  - WHERE JUDGMENT OR ORDER MADE IRREGULARLY, ILLEGALLY OR AGAINST GOOD FAITH
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - DISCRETION NOT TO ENTERTAIN APPLICATION

N, P v POLICE [2019] SASC 3 Supreme Court 16/01/2019

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT

R v ARTHUR [2019] SASCFC 4 Supreme Court - Court of Criminal Appeal 16/01/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TOTALITY - OFFENCES COMMITTED IN DIFFERENT JURISDICTIONS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES - SENTENCE

R v TRAN [2019] SASCFC 5 Supreme Court - Court of Criminal Appeal 17/01/2019

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES - SENTENCE

MANOLAKIS v HENDERSON [2018] SADC 147 District Court 21/12/2018

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - BIAS

POLICE v HEINTZE [2019] SASC 2 Supreme Court 15/01/2019

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA

R v L, J [2018] SADC 143 District Court 19/12/2018

​CRIMINAL LAW

ATTORNEY-GENERAL (SA) v OWEN (No 1) [2018] SASC 199 Supreme Court 7/12/2018

​CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS

R v DUCAJ [2018] SADC 146 District Court 20/12/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

BC v THE PUBLIC ADVOCATE & ORS [2018] SASC 193 Supreme Court 18/12/2018

​ADMINISTRATIVE LAW - PREROGATIVE WRITS AND ORDERS - HABEAS CORPUS
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PRESUMPTIONS AS TO LEGISLATIVE INTENTION

ARGENTIERI v ANDERSONS SOLICITORS [2018] SADC 142 District Court 19/12/2018

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - NATURE OF RIGHT - SCOPE AND EFFECT OF APPEAL

FOX TUCKER LAWYERS v PANDA [2018] SASC 197 Supreme Court 21/12/2018

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - JUDGMENT IN DEFAULT OF PLEADINGS OR PARTICULARS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - DEFAULT JUDGMENT - SETTING ASIDE
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS - ACTIONS TO REVIEW OR SET ASIDE JUDGMENT OR ORDER

R v HAYLES [2018] SASCFC 141 Supreme Court - Court of Criminal Appeal 24/12/2018

​CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS

S & AD BASHEER NOMINEES PTY LTD v BOLAND [2018] SASCFC 127 Supreme Court - Full Court 5/12/2018

​INDUSTRIAL LAW - WORK HEALTH AND SAFETY - GENERALLY - PROCEDURE - AUTHORITY TO PROSECUTE
CRIMINAL LAW - PROCEDURE - PROSECUTION
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION

DAVIS v POLICE [2018] SASC 196 Supreme Court 21/12/2018

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - BURDEN OF PROOF

LYKO v DERKATCH (No 2) [2018] SADC 141 District Court 21/12/2018

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE

R v RUZEHAJI [2018] SASCFC 139 Supreme Court - Court of Criminal Appeal 20/12/2018

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING

ATKINS v PORT BROUGHTON RSL SUB-BRANCH [2018] SADC 139 District Court 14/12/2018

​ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION

DEPARTMENT OF HUMAN SERVICES (CTH) v FITZPATRICK [2018] SASC 180 Supreme Court 30/11/2018

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE

LIANG v YAP [2018] SADC 138 District Court 14/12/2018

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - DISTINCTION BETWEEN ADMINISTRATIVE AND JUDICIAL FUNCTIONS

R v B, TN [2018] SADC 140 District Court 18/12/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - MAINTAINING SEXUAL RELATIONSHIP WITH CHILD

R v L-D [2018] SADC 126 District Court 29/11/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - CONSENT - GENERALLY

R v VAN WYK [2018] SASCFC 138 Supreme Court - Court of Criminal Appeal 20/12/2018

CRIMINAL LAW - EVIDENCE - COMPLAINTS
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - DIRECTIONS AS TO PARTICULAR MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - EVIDENCE

SPYROPOULOS v COMMISSIONER OF HIGHWAYS; SPYROPOULOS v COMMISSIONER OF HIGHWAYS [2018] SASC 195 Supreme Court 19/12/2018

​REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION - ASSESSMENT - SPECIAL VALUE
REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - COMPENSATION - ASSESSMENT - DISTURBANCE
REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - PROCEEDINGS FOR COMPENSATION - SOUTH AUSTRALIA

VIRGIN v POLICE [2018] SASC 194 Supreme Court 20/12/2018

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - COMMUNITY SERVICE ORDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

BALODIS v REGISTRAR OF FIREARMS [2018] SASC 190 Supreme Court 14/12/2018

​ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS - LICENCES - ISSUE OF AND GENERALLY

CHADRYSIAK v COMMISSIONER OF HIGHWAYS (No 2) [2018] SASC 191 Supreme Court 19/12/2018

​REAL PROPERTY - COMPULSORY ACQUISITION OF LAND - PROCEEDINGS FOR COMPENSATION - SOUTH AUSTRALIA - COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - PARTIES AND NON-PARTIES - CROWN OR CROWN OFFICER

M, L v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT [2018] SASCFC 131 Supreme Court - Full Court 6/12/2018

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - FURTHER EVIDENCE
FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION - CHILDREN IN NEED OF PROTECTION - GUARDIANSHIP OF CHILDREN - GENERALLY
FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE OR TERRITORY JURISDICTION AND LEGISLATION - CHILDREN IN NEED OF PROTECTION - PROCEEDINGS RELATING TO CARE AND PROTECTION - EVIDENCE AND PROOF

R v ALIZADA (No 2) [2018] SASC 192 Supreme Court 17/12/2018

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT

TAVITIAN v COMMISSIONER OF HIGHWAYS [2018] SASC 179 Supreme Court 30/11/2018

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

R v PALI; R v BUCKINGHAM [2018] SASCFC 134 Supreme Court - Court of Criminal Appeal 17/12/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION

R v VALESIC [2018] SASCFC 136 Supreme Court - Court of Criminal Appeal 17/12/2018

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE - IN GENERAL
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE

WICKERS v DIRECTOR OF PUBLIC PROSECUTIONS (SA) [2018] SASCFC 126 Supreme Court - Court of Criminal Appeal 5/12/2018

​CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS
EVIDENCE - PROHIBITION OF PUBLICATION OF EVIDENCE - IDENTIFICATION OF PERSONS