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
CONSTRUCTION INDUSTRY TRAINING BOARD v TRANSFIELD SERVICES (AUSTRALIA) PTY LTD (ACN 093 114 553) [2017] SASCFC 103 Supreme Court - Full Court 17/08/2017

​CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - POWERS WITH RESPECT TO PROPERTY - POWER OVER PLACES ACQUIRED FOR PUBLIC PURPOSES (CONSTITUTION, S 52(I))

 

ATTORNEY-GENERAL v KOWALSKI (NO 5) [2017] SASC 120 Supreme Court 15/08/2017

PROCEDURE - JUDGMENTS AND ORDERS - ENFORCEMENT OF JUDGMENTS AND ORDERS
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS

WILCZYNSKI & ANOR v DISTRICT COURT OF SA & ORS [2017] SASCFC 102 Supreme Court - Full Court 15/08/2017

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRELIMINARY PROCEDURE - SERVICE OF NOTICE

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW
MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - THE HEARING - GENERAL MATTERS - MATTERS OF PROCEDURAL FAIRNESS AND PROPRIETY

POLICE v ROSALES [2017] SASC 118 Supreme Court - Magistrates Appeals 15/08/2017


MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - MISCARRIAGE OF JUSTICE

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

MAGISTRATES - HEARING - EVIDENCE - CHARACTER AND PRIOR CONVICTIONS

CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - DIRECTIONS TO JURY

MAGISTRATES - GENERALLY - POWERS AND DUTIES - REASONS

POLICE v TOPIA [2017] SASC 119 Supreme Court - Magistrates Appeals 15/08/2017


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

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SENTENCING STATISTICS, SCHEDULES, TARIFFS, COMPARISONS, ETC

R v MOORES [2017] SASCFC 95 Supreme Court - Court of Criminal Appeal 11/08/2017


​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT

APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - IN GENERAL - OBJECTIONS AND POINTS NOT TAKEN AT TRIAL - WHEN NOT ALLOWED TO BE RAISED - FAILURE TO TAKE OBJECTION - ADMISSIBILITY OF EVIDENCE

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INTOXICATION - DIRECTIONS TO JURY

CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - EVIDENCE OF UNCHARGED ACTS

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY

R v FERGUSON [2017] SADC 84 District Court 7/08/2017


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

R v LEAN [2017] SASCFC 101 Supreme Court - Court of Criminal Appeal 14/08/2017


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

PAPPS (DECEASED) [2017] SASC 117 Supreme Court 9/08/2017

SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - MATTERS RELATING TO BENEFICIARIES - PRESUMPTION OF DEATH AND SURVIVORSHIP

POL v CITY OF PORT ADELAIDE ENFIELD [2017] SASC 116 Supreme Court - Magistrates Appeals 9/08/2017

TRAFFIC LAW - TRAFFIC REGULATION - RESTRICTIONS ON STOPPING AND PARKING

TRAFFIC LAW - OFFENCES - PROCEDURE - COSTS
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

R v GEORGESON [2017] SASCFC 93 Supreme Court - Court of Criminal Appeal 2/08/2017

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS

R v HUNTER [2017] SASCFC 97 Supreme Court - Court of Criminal Appeal 11/08/2017

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE

 

REGISTRAR OF MOTOR VEHICLES v LAWSON [2017] SASCFC 88 Supreme Court - Full Court 2/08/2017

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES - DECISIONS UNDER AN ENACTMENT

R v WOOD [2017] SASCFC 100 Supreme Court - Court of Criminal Appeal 10/08/2017

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF DEFENCE CASE
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED

VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER [2017] SASCFC 98 Supreme Court - Full Court 10/08/2017

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FROM INTERLOCUTORY DECISIONS - GENERALLY

STATUTES - ACTS OF PARLIAMENT - STATUTORY POWERS AND DUTIES - EXERCISE - DELEGATION OF POWER CONFERRED BY ACT
PUBLIC SERVICE - DUTIES AND OFFENCES IN RELATION TO OFFICE - DUTIES

R v SCOTT [2017] SASCFC 96 Supreme Court - Court of Criminal Appeal 9/08/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - IMPORT-EXPORT OFFENCES

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TOTALITY - GENERAL PRINCIPLES

R v TRAN [2017] SASCFC 99 Supreme Court - Court of Criminal Appeal 9/08/2017


CRIMINAL LAW - PARTICULAR OFFENCES - MISCELLANEOUS OFFENCES AND MATTERS - FINANCIAL TRANSACTION OFFENCES

CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - FOR PARTICULAR PURPOSE - PROOF OF SYSTEM

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

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

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

R v D, J E [2017] SADC 83 District Court 20/07/2017


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

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

R v SIEBERT [2017] SADC 82 District Court 3/08/2017


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

STAIR LOCK INTERNATIONAL P/L v MATTHEWS IN HIS CAPACITY AS LIQUIDATOR OF SCARCE BUILDERS & DEVELOPERS P/L (IN LIQ) [2017] SADC 59 District Court 9/06/2017


MAGISTRATES - APPEAL AND REVIEW

BANKRUPTCY - ADMINISTRATION OF PROPERTY - EFFECT OF BANKRUPTCY ON ANTECEDENT TRANSACTIONS - UNDUE PREFERENCES

R v TAHERI [2017] SASCFC 92 Supreme Court - Court of Criminal Appeal 2/08/2017


APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES

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 - PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION

 

R v PIAO [2017] SASCFC 94 Supreme Court - Court of Criminal Appeal 3/08/2017


APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISDIRECTION OR NON-DIRECTION - GENERAL PRINCIPLES AS TO GRANT OR REFUSAL OF NEW TRIAL

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - ADMISSIBILITY GENERALLY

 

COLONIAL MORTGAGE FUNDING v BOUHAMDAN [2017] SASC 110 Supreme Court - Magistrates Appeals 28/07/2017


CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSIDERATION - WHAT AMOUNTS TO CONSIDERATION

GUARANTEE AND INDEMNITY - ACTIONS AGAINST SURETY - GENERALLY - NOTICE OF DEFAULT, DEMANDS, ETC

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - ADMISSION OF FRESH EVIDENCE - IN GENERAL

DIAKOU NOMINEES P/L (ACN 007 890 673) v GOUGER STREET P/L (ACN 156 309 116) & ANOR (NO 2) [2017] SASC 115 Supreme Court 2/08/2017


PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS - INCONCLUSIVE PROCEEDINGS

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES

R v MENEGON [2017] SASCFC 91 Supreme Court - Court of Criminal Appeal 2/08/2017


CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

EVIDENCE - ADMISSIBILITY AND RELEVANCY

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

APPLICATION FOR RESERVATION OF QUESTIONS OF LAW (NO 1 OF 2017) [2017] SASCFC 90 Supreme Court - Court of Criminal Appeal 1/08/2017


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

CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - MISCELLANEOUS MATTERS - SOUTH AUSTRALIA - CASE STATED AND RESERVATION OF QUESTION OF LAW

FITTOCK v LEGAL PROFESSION CONDUCT COMMISSIONER [2017] SASC 113 Supreme Court 31/07/2017


PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS

LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - OTHER CAUSES OF ACTION AND MATTERS

LEGAL PROFESSION CONDUCT COMMISSIONER v STRAPPAZZON [2017] SASCFC 112 Supreme Court - Full Court 25/07/2017


PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - ORDERS

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY

PROFESSIONS AND TRADES - LAWYERS - MISCONDUCT, UNFITNESS AND DISCIPLINE - DISCIPLINARY ORDERS - STRIKING OFF AND ANCILLARY ORDERS

PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES - CANCELLATION AND SUSPENSION

MEHR v POLICE [2017] SASC 104 Supreme Court - Magistrates Appeals 21/07/2017


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

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE

R v EVANGELOU [2017] SADC 76 District Court 12/07/2017


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

DAVID JONES LTD v BI (CONTRACTING) P/L [2017] SADC 79 District Court 28/07/2017

TORTS - NEGLIGENCE
ASBESTOS - DUTY OF CARE
CONTRIBUTION BETWEEN JOINT TORTFEASORS

 

MARMANIDIS v GERMEIN & ANOR (NO 2) [2017] SASC 114 Supreme Court 28/07/2017

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - CONDUCT OF PARTIES

PHR P/L v BRADFORD INSULATION (SA) P/L [2017] SADC 80 District Court 28/07/2017

CONTRACTS

BREACH OF IMPLIED TERM - TORTS - NEGLIGENCE - ASBESTOS - DUTY OF CARE

CONTRIBUTION BETWEEN JOINT TORTFEASORS

 

TIBURZI v BUTLER [2017] SASCFC 89 Supreme Court - Full Court 28/07/2017


APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

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

R v GREENWOOD [2017] SADC 81 District Court 27/07/2017

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED

R v MCINTOSH [2017] SASCFC 87 Supreme Court - Court of Criminal Appeal 27/07/2017

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 - APPEALS BY CROWN - EXERCISE OF DISCRETION - DOUBLE JEOPARDY

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE

R v SAUNDERS [2017] SASCFC 86 Supreme Court - Court of Criminal Appeal 27/07/2017

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

MARMANIDIS v GERMEIN & ANOR [2017] SASC 103 Supreme Court 7/07/2017


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 - GROUNDS OF REVIEW - UNREASONABLENESS

LYNN & ORS v DEGUISA & ANOR [2017] SADC 78 District Court 21/07/2017


​REAL PROPERTY - TORRENS TITLE - RESTRICTIVE COVENANTS - ENFORCEABILITY AND EFFECT

TOTH v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2017] SASCFC 83 Supreme Court - Full Court 21/07/2017


WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - PROCEDURE - GENERALLY

WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - EVIDENCE - ONUS OF PROOF

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

WHITE v POLICE [2017] SASC 111 Supreme Court - Magistrates Appeals 25/07/2017

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

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - PLEA BARGAIN

TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES - USE OF INTOXICATING LIQUOR OR DRUGS - DRIVING WITH MORE THAN PRESCRIBED CONCENTRATION OF ALCOHOL IN BLOOD

TAIT v VILLAGE COMMUNITY CO-OPERATIVE LTD [2017] SASC 109 Supreme Court - Magistrates Appeals 21/07/2017


ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - POWER TO EXPEL, SUSPEND AND DISQUALIFY

TORTS - TROVER AND DETINUE - WHAT CONSTITUTES CONVERSION - GENERALLY

BAILMENTS - IN GENERAL

PERSONAL PROPERTY - OWNERSHIP AND POSSESSION

DE MILLS v SOUTH AUSTRALIAN HOUSING TRUST [2017] SASCFC 85 Supreme Court - Full Court 20/07/2017

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

 

R v FRICKER [2017] SASC 107 Supreme Court 20/07/2017

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - LIFE SENTENCE - REDETERMINATION OR SETTING OF MINIMUM TERM OR NON-PAROLE PERIOD

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES

R v TUNBRIDGE [2017] SADC 77 District Court 19/07/2017

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

 

ALAN HICKINBOTHAM P/L v THE AUSTRALIAN KIDNEY FOUNDATION [2017] SASC 108 Supreme Court 18/07/2017


​PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - PRODUCTION AND INSPECTION - GROUNDS FOR RESISTING PRODUCTION - CLIENT LEGAL PRIVILEGE - WAIVER OF PRIVILEGE

LIKOS v IDAMENEO (NO. 123) PTY LTD [2017] SASC 105 Supreme Court 11/07/2017

PROCEDURE - COSTS - AGREEMENTS AS TO COSTS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT

PLAZERIANO v POLICE [2017] SASC 106 Supreme Court - Magistrates Appeals 14/07/2017

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
EVIDENCE - ADMISSIBILITY - TENDENCY, CO-INCIDENCE AND PROPENSITY - SIMILAR FACT EVIDENCE - USE AS EVIDENCE - PROVE FACT IN ISSUE

R v OAKE [2017] SASCFC 82 Supreme Court - Court of Criminal Appeal 14/07/2017

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - JUDGE ACTED ON WRONG PRINCIPLE

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN

R v PERRE [2017] SASC 102 Supreme Court 5/07/2017

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

HEIRLOOM VINEYARDS WINE CO P/L v SANTE WINES P/L [2017] SASCFC 81 Supreme Court - Full Court 11/07/2017


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

SANTE WINES P/L v HEIRLOOM VINEYARDS WINE CO P/L & ANOR (No 2) [2017] SASC 80 Supreme Court - Magistrates Appeals 6/06/2017


​PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES

R v DOOLAN [2017] SASCFC 80 Supreme Court - Court of Criminal Appeal 11/07/2017

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

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - INTELLECTUALLY HANDICAPPED OFFENDER

 

G, RE v DEPARTMENT OF CORRECTIONAL SERVICES & ORS [2017] SASC 96 Supreme Court 5/07/2017


​PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - VEXATIOUS LITIGANTS AND PROCEEDINGS

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - DISMISSAL OF PROCEEDINGS FOR WANT OF PROSECUTION

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT

POLICE v TAYLOR & ANOR [2017] SASC 101 Supreme Court - Magistrates Appeals 7/07/2017

MAGISTRATES - ORDERS AND CONVICTIONS - ACQUITTAL

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT

R v CAMPBELL; R v FOWLER [2017] SASCFC 79 Supreme Court - Court of Criminal Appeal 7/07/2017

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

 

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

 

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

 

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - SENTENCE

 

R v LEKA [2017] SASCFC 77 Supreme Court - Court of Criminal Appeal 6/07/2017

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - GENERAL PRINCIPLES - FUNCTIONS OF APPELLATE COURT

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - OTHER MATTERS

CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - HARDSHIP - TO OFFENDER

R v RUSSO [2017] SASCFC 78 Supreme Court - Court of Criminal Appeal 6/07/2017

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - INCONSISTENT VERDICTS

 

STEICKE v PEDERICK & ANOR [2017] SASC 98 Supreme Court 3/07/2017

PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - SOLICITOR AND CLIENT - RETAINER - CHALLENGING RETAINER

STEICKE v CONNOLLY & CO [2017] SASC 99 Supreme Court 3/07/2017

PROCEDURE - COSTS - TAXATION - PRINCIPLES OF TAXATION

 

TOMBLESON v STEVENTON [2017] SASC 100 Supreme Court - Magistrates Appeals 7/07/2017

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

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

AFIC SCHOOLS (SA) LTD (ADMINISTRATOR APPOINTED) [2017] SASC 97 Supreme Court 30/06/2017


CORPORATIONS - WINDING UP - APPLICATIONS FOR WINDING UP BY COURT - GENERALLY

BROWN v CARUSO CONSTRUCTION COMPANY P/L [2017] SADC 74 District Court 17/02/2017


ADMINISTRATIVE LAW

KEENE v SJ WEIR P/L & ANOR [2017] SASCFC 76 Supreme Court - Full Court 3/07/2017


PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - GENERAL

R v F, C [2017] SADC 71 District Court 4/07/2017


CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - JOINT OR SEPARATE TRIAL

ROUMELIOTIS v ABDEKEREM [2017] SADC 75 District Court 10/02/2017


ADMINISTRATIVE LAW

SA POWER NETWORKS v D&V SERVICES P/L [2017] SADC 68 District Court 4/07/2017


TORTS - NEGLIGENCE - DANGEROUS AND INJURIOUS THINGS, ETC - BREACH OF DUTY OF CARE

INTEREST - RECOVERABILITY OF INTEREST

TESTEL AUST P/L v RICKARD & ORS (No 2) [2017] SADC 69 District Court 4/07/2017


​INTEREST - RECOVERABILITY OF INTEREST

TRADE AND COMMERCE - TRADE PRACTICES AND RELATED MATTERS - ENFORCEMENT AND REMEDIES - INJUNCTIONS

PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - ORDER FOR COSTS ON INDEMNITY BASIS

R v F, JM (No 2) [2017] SASC 94 Supreme Court 26/06/2017

CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

R v SALEH [2017] SASCFC 75 Supreme Court - Court of Criminal Appeal 30/06/2017


​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION

JOHNSTON v ALDRIDGE [2017] SADC 70 District Court 30/06/2017

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS

KENNY v STURT PISTOL & SHOOTING CLUB INC [2017] SADC 67 District Court 29/06/2017

ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION

ASSOCIATIONS AND CLUBS - INCORPORATED ASSOCIATIONS - MEMBERS
MAGISTRATES - APPEAL AND REVIEW

QUALITY ROOFING SERVICES P/L v MCINTYRE & ANOR [2017] SADC 62 District Court 22/06/2017

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - PERFORMANCE OF WORK - REMEDIES FOR BREACH OF CONTRACT - DAMAGES

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - RECOVERY ON QUANTUM MERUIT
R v OWEN [2017] SASCFC 74 Supreme Court - Court of Criminal Appeal 30/06/2017

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PARTICULAR CASES

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - FAILURE TO EXERCISE DISCRETION

QBE INSURANCE (AUSTRALIA) LTD v BROWN & ORS [2017] SADC 66 District Court 28/06/2017


PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT

INSURANCE - GENERAL

R v BOTTEN [2017] SASCFC 73 Supreme Court - Court of Criminal Appeal 28/06/2017


CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE - EVIDENCE

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

EVIDENCE - ADMISSIBILITY - CREDIBILITY EVIDENCE - GENERALLY

R v PROSEK [2017] SADC 65 District Court 15/06/2017


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

BROWN v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SA) INC [2017] SASC 95 Supreme Court - Magistrates Appeals 27/06/2017


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

ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES

APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - IN GENERAL - MISCARRIAGE OF JUSTICE - CIRCUMSTANCES INVOLVING MISCARRIAGE - UNSATISFACTORY NATURE OF TRIAL

F & ANOR v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ANOR [2017] SASCFC 71 Supreme Court - Full Court 26/06/2017


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 - RELEVANT CONSIDERATIONS

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - PARTICULAR CASES - CONTROL OVER PROCEEDINGS - REFUSAL OF ADJOURNMENT

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS

PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PARTIES AND REPRESENTATION - LEGAL REPRESENTATION

LEGAL PROFESSION CONDUCT COMMISSIONER v A PRACTITIONER [2017] SASC 81 Supreme Court 6/06/2017


PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES - CANCELLATION AND SUSPENSION

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA

LEGAL PROFESSION CONDUCT COMMISSIONER v A PRACTITIONER (No 2) [2017] SASC 93 Supreme Court 23/06/2017


​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - JUDGMENTS AND ORDERS

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - PROCEEDINGS IN OPEN COURT OR IN CAMERA

R v PHAN [2017] SASCFC 70 Supreme Court - Court of Criminal Appeal 23/06/2017

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - DEALING AND DISTRIBUTION OF DRUGS - EVIDENCE

CRIMINAL LAW - PROCEDURE - INTERPRETERS AND THE INTERPRETING OF EVIDENCE

EVIDENCE - ADMISSIBILITY - OPINION EVIDENCE - LAY OPINION - BASIS OF OPINION
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - MODES OF IDENTIFICATION - VOICE IDENTIFICATION

CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING - VOICE IDENTIFICATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES

STONE v CHAPPEL [2017] SASCFC 72 Supreme Court - Full Court 22/06/2017

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

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

TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - MISLEADING OR DECEPTIVE CONDUCT OR FALSE REPRESENTATIONS

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

R v ARMISTEAD [2017] SADC 63 Supreme Court 16/06/2017

​EVIDENCE - GENERAL PRINCIPLES - VOIR DIRE

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

CORPORATION OF THE CITY OF MARION v WC PROJECTS PTY LTD [2017] SASC 74 Supreme Court 31/05/2017


ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - DEVELOPMENT CONTROL - MATTERS FOR CONSIDERATION OF CONSENT AUTHORITY - GENERALLY - MATTERS TO BE CONSIDERED

ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING SCHEMES AND INSTRUMENTS

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW

R v LYBEROPOULOS [2017] SASC 92 Supreme Court 20/06/2017


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

R v T, S [2017] SASCFC 67 Supreme Court - Court of Criminal Appeal 9/06/2017


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

CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - TEST TO BE APPLIED

CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION - NON-DIRECTION

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY - GENERALLY

EVIDENCE - ADMISSIBILITY - CREDIBILITY EVIDENCE - WITNESSES - PRIOR INCONSISTENT STATEMENTS