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
KIRSTEN v MILLER [2020] SASCFC 129 Supreme Court - Full Court 24/12/2020

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE

SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - PARTICULAR TESTAMENTARY DISPOSITIONS - CONDITIONS AND GIFTS OVER - DISPUTING WILL OR BRINGING ACTION AGAINST EXECUTOR OR TRUSTEE

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


R v FRESIELLO [2020] SASCFC 127 Supreme Court - Court of Criminal Appeal 23/12/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING

CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW


AMACA PTY LTD v WERFEL [2020] SASCFC 125 Supreme Court - Full Court 21/12/2020

​TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES - DANGEROUS THINGS OR SUBSTANCES

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - FINDINGS ON ISSUE OF NEGLIGENCE - GENERALLY

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


FUTURE INVESTMENTS FAMILY TRUST v ADAMS [2020] SADC 179 District Court 23/12/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA​

R v MESCHEDE [2020] SADC 177 District Court 23/12/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION​

STEWART v PALADIN AUS PTY LTD (ACN 144 000 573) & ORS [2020] SASC 244 Supreme Court 23/12/2020

​PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - PARTIES - GENERALLY

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - OTHER CASES AND MATTERS


THE STATE OF SOUTH AUSTRALIA v CROSSLEY [2020] SASCFC 128 Supreme Court - Full Court 23/12/2020

​TORTS - TRESPASS - TRESPASS TO THE PERSON - WHAT CONSTITUTES AND DEFENCES THERETO

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - OTHER MATTERS


WALFORD ANGLICAN SCHOOL FOR GIRLS INCORPORATED v ROMALDI CONSTRUCTIONS PTY LTD & ANOR (NO 2) [2020] SADC 176 District Court 22/12/2020

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

WILSON PASTORAL INTERNATIONAL PTY LTD v GEORGE STREET STEEL PTY LTD (No 2) [2020] SASCFC 126 Supreme Court - Full Court 22/12/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - PARTIES


GADD & ORS v NEW WAVE AEROSPACE PTY LTD (No 2) [2020] SADC 166 District Court 27/11/2020

​ARBITRATION - COSTS - ARBITRATOR'S FEES
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - PARTIES AND NON-PARTIES - NON-PARTIES GENERALLY - DIRECTOR OF COMPANY

R v M, R B [2020] SADC 173 District Court 18/12/2020

​CRIMINAL LAW

WARNE v THE QUEEN [2020] SASCFC 124 Supreme Court - Court of Criminal Appeal 21/12/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SENTENCING FOLLOWING RETRIAL OR REMITTAL

CREA v BEDROCK CONSTRUCTION AND DEVELOPMENT PTY LTD; BEDROCK CONSTRUCTION AND DEVELOPMENT PTY LTD v CREA & ANOR [2020] SADC 169 District Court 4/12/2020

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

INTEREST

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - VARIATIONS


HOMSI v THE QUEEN [2020] SASC 242 Supreme Court 8/12/2020

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

KHOO & ANOR v BARTHOLOMAEUS [2020] SASCFC 122 Supreme Court - Full Court 16/12/2020

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

PAUES & ORS v BATTUNGA COUNTRY LIONS CLUB [2020] SADC 162 District Court 20/11/2020

​DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES​

BELL v THE QUEEN; R v BELL; INDEPENDENT COMMISSIONER AGAINST CORRUPTION v BELL [2020] SASCFC 116 Supreme Court - Court of Criminal Appeal 3/12/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWER TO BRING APPEAL - FROM INTERLOCUTORY OR ANTECEDENT JUDGMENT OR ORDER

CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS

PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - DECLARATIONS - CRIMINAL PROCEEDINGS - GENERALLY


BILACZENKO v POLICE [2020] SASCFC 121 Supreme Court - Court of Criminal Appeal 11/12/2020

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

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL


KARALL v POLICE [2020] SASC 241 Supreme Court 18/12/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE


MATTHEWS v QASEMY [2020] SADC 175 District Court 18/12/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES


MCLACHLAN & SOUTH OZZ SHELTER (CHARITY LICENCE NO CCP3261) AN INCORPORATED CHARITABLE INSTITUTION v HAMILTON [2020] SASCFC 123 Supreme Court - Full Court 17/12/2020

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

PIPER v FRASER & ORS [2020] SASC 239 Supreme Court 17/12/2020

​SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - DUTY OF TESTATOR - DUTY TO CHILDREN

SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - WHETHER APPLICANT LEFT WITH INSUFFICIENT PROVISION - CLAIMS BY CHILDREN

EQUITY - TRUSTS AND TRUSTEES - APPOINTMENT, REMOVAL AND ESTATE OF TRUSTEES - APPOINTMENT OF NEW TRUSTEES - BY THE COURT


WEBER v POLICE [2020] SASC 240 Supreme Court 18/12/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA


IRONWILL EARTHMOVING PTY LTD v ALLBUT & ANOR [2020] SADC 172 District Court 14/12/2020

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT - WHERE CONCLUDED CONTRACT

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - EXEMPTION CLAUSES

DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT - REMOTENESS - LOSS OF PROFITS

DAMAGES - GENERAL PRINCIPLES - MITIGATION OF DAMAGES


LANE v MURUGESAN [2020] SADC 174 District Court 14/12/2020

​LANDLORD AND TENANT - TERMINATION OF THE TENANCY​

CONSOLIDATED MINING & CIVIL PTY LTD v COMMISSIONER OF STATE TAXATION [2020] SASC 233 Supreme Court 7/12/2020

​TAXES AND DUTIES - STAMP DUTIES - APPEAL, CASE STATED ETC - SOUTH AUSTRALIA

TAXES AND DUTIES - STAMP DUTIES - EXEMPTIONS


CONSOLIDATED MINING & CIVIL PTY LTD v COMMISSIONER OF STATE TAXATION [2020] SASC 233 Supreme Court 7/12/2020

​TAXES AND DUTIES - STAMP DUTIES - APPEAL, CASE STATED ETC - SOUTH AUSTRALIA

TAXES AND DUTIES - STAMP DUTIES - EXEMPTIONS


HOLT v BUNNEY (No 2) [2020] SASCFC 120 Supreme Court - Full Court 10/12/2020

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS​

R v BRIGGS [2020] SADC 161 District Court 16/11/2020

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING​

HEGARTY v KEOGH [2020] SASC 237 Supreme Court 11/12/2020

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - ENDING PROCEEDINGS EARLY - SUMMARY DISPOSAL - SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS


R v HARRAP AND ORS [2020] SADC 148 District Court 26/10/2020

​CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS​

MASON v POLICE [2020] SASC 238 Supreme Court 14/12/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS

CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE


SCHINCKEL v REGISTRAR OF FIREARMS [2020] SASC 236 Supreme Court 11/12/2020

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENSING AND REGISTRATION - LICENCE OR PERMIT - REVOCATION, CANCELLATION, SUSPENSION OR SURRENDER


BAIN v THE STATE OF SOUTH AUSTRALIA [2020] SASC 234 Supreme Court 10/12/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - HEARING - GENERALLY

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS

CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - BOARDS, TRIBUNALS ETC: POWERS, DUTIES AND CONSTITUTION


BRACKENRIDGE v BENDIGO AND ADELAIDE BANK LIMITED [2020] SASC 235 Supreme Court 2/12/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS - OTHER MATTERS​

BRACKENRIDGE v BENDIGO AND ADELAIDE BANK LIMITED [2020] SASC 235 Supreme Court 2/12/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS - OTHER MATTERS​

R v KAUFMANN [2020] SADC 165 District Court 27/11/2020

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES


R v TAYLOR [2020] SADC 35 District Court 3/04/2020

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - PROCEEDS OF CRIME, MONEY LAUNDERING AND RELATED OFFENCES

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES


RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v MOORE-MCQUILLAN [2020] SASCFC 119 Supreme Court - Full Court 9/12/2020

​WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - EVIDENCE - SUFFICIENCY OF EVIDENCE

COURTS AND JUDGES - JUDGES - POWERS AND DUTIES IN RESPECT OF UNREPRESENTED LITIGANTS


DALLIMORE v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASCFC 115 Supreme Court - Full Court 4/12/2020

​WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - EVIDENCE - MEDICAL EVIDENCE

WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - AMOUNT OF COMPENSATION DURING INCAPACITY - LUMP SUM PAYMENTS - PERMANENT IMPAIRMENT AND LOSS

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES - NATURE AND SCOPE OF APPEAL AND REVIEW


ZOLLO v COMMISSIONER FOR CONSUMER AFFAIRS [2020] SASCFC 118 Supreme Court - Full Court 4/12/2020

​PROFESSIONS AND TRADES - BUILDERS - DISCIPLINARY PROCEEDINGS

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - WORDS TO BE GIVEN LITERAL AND GRAMMATICAL MEANING - PARTICULAR CASES

STATUTES - ACTS OF PARLIAMENT - OPERATION AND EFFECT OF ACTS - INTERACTION OF ACTS


ATTORNEY-GENERAL (SA) v BANBERY [2020] SASC 232 Supreme Court 4/12/2020

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS

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


CONSOLIDATED MINING & CIVIL PTY LTD v COMMISSIONER OF STATE TAXATION [2020] SASC 233 Supreme Court 7/12/2020

​TAXES AND DUTIES - STAMP DUTIES - APPEAL, CASE STATED ETC - SOUTH AUSTRALIA

TAXES AND DUTIES - STAMP DUTIES - EXEMPTIONS


R v SUMNER [2020] SASC 231 Supreme Court 4/12/2020

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

WILCZYNSKI AND ANOR v BANASIAK AND ORS [2020] SADC 153 District Court 29/10/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW​

R v MCLEAN [2020] SADC 170 District Court 4/12/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM​

EUNICE DAPHNE WASHINGTON (BY HER LITIGATION GUARDIAN EDWARD MICHAEL BYRT) v TITAN FAN PRODUCTS AUSTRALIA LTD & ORS [2020] SASC 230 Supreme Court 3/12/2020

​PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY

CRIMINAL LAW - GENERAL MATTERS - OTHER GENERAL MATTERS - STAY OF CIVIL PROCEEDINGS PENDING CRIMINAL PROCEEDINGS


OLUDARE v THE QUEEN [2020] SASCFC 117 Supreme Court - Court of Criminal Appeal 3/12/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PARTICULAR CASES - WHERE APPEAL DISMISSED 

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

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


OLYMPIC BATTERIES PTY LTD v O'LEARY & POLYMENEAS [2020] SASC 229 Supreme Court 2/12/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

PROFESSIONS AND TRADES - ACCOUNTANTS AND AUDITORS - ACCOUNTANTS - REMUNERATION

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS


PASCOE v THE QUEEN [2020] SASCFC 113 Supreme Court - Court of Criminal Appeal 1/12/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - GENERALLY

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE


POLICE v FRY [2020] SASC 227 Supreme Court 27/11/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - MISCELLANEOUS MATTERS - ALIBI


R v BAHRAMI [2020] SASCFC 111 Supreme Court - Court of Criminal Appeal 27/11/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - GENERALLY

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY


SYDENHAM v THE QUEEN [2020] SASCFC 114 Supreme Court - Court of Criminal Appeal 2/12/2020

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE


MIDDLIN-HANNAH v THE QUEEN [2020] SASCFC 112 Supreme Court - Court of Criminal Appeal 27/11/2020

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES

CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - SEARCH WARRANTS - GENERALLY, ISSUE AND VALIDITY


TREFFERS v PHUNG [2020] SASC 228 Supreme Court 1/12/2020

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - PARTIES


R v KARDO [2020] SADC 167 District Court 30/11/2020

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

R v WISZNIEWSKI [2020] SASC 226 Supreme Court 27/11/2020

​CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT - PARTICULAR OFFENCES - ATTEMPTED MURDER

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

MENTAL HEALTH - DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY


AGIUS v THE PAROLE BOARD OF SOUTH AUSTRALIA [2020] SASC 225 Supreme Court 27/11/2020

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS

CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - ELIGIBILITY AND RELEASE

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - RAPE AND SEXUAL ASSAULT


HOSANNA EXCELSIS ONE UNIVERSAL CHURCH INCORPORATED v PASTINA PTY LTD [2020] SASCFC 110 Supreme Court - Full Court 25/11/2020

​LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - TERM OF LEASE OR TENANCY - DURATION - HOLDING OVER AFTER EXPIRATION OF TERM

LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - DEFINITIONS - RETAIL SHOP LEASE OR LEASE

LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR LESSEES - MINIMUM TERM OF LEASE AND RENEWAL OF TERM


LAMBROPOULOS v ADELAIDE COMMUNITY HEALTHCARE ALLIANCE INCORPORATED & VAN RENEN [2020] SADC 163 District Court 25/11/2020

​PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS​

R v CLOUGH [2020] SADC 160 District Court 13/11/2020

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES​

R v GARNER & WEBB [2020] SADC 143 District Court 15/10/2020

​CRIMINAL LAW

PARTICULAR OFFENCES – OFFENCES OF A PUBLIC NATURE – BLACKMAIL – ATTEMPT TO DISSUADE WITNESS – ATTEMPT TO PERVERT THE COURSE OF JUSTICE

OFFENCES AGAINST THE PERSON – ASSAULT