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
LIEMAREFF v BALDRY [2016] SASC 152 Supreme Court 19/09/2016


ENVIRONMENT AND PLANNING - ENVIRONMENTAL PLANNING - PLANNING AND DEVELOPMENT PROSECUTIONS - SENTENCING

R v DAM & NGUYEN (NO 4) [2016] SADC 117 District Court 23/09/2016


CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE

R v MCKEOUGH [2016] SADC 112 District Court 21/09/2016

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

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS

R v WATTS & GOLJA (No 2) [2016] SADC 113 District Court 21/09/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - RECEIVING AND POSSESSION OF PROPERTY STOLEN OR REASONABLY SUSPECTED OF BEING STOLEN OR UNLAWFULLY OBTAINED - POSSESSION OF PROPERTY STOLEN OR SUSPECTED TO BE STOLEN OR UNLAWFULLY OBTAINED - SUSPECTED OR REASONABLY SUSPECTED OR SUPPOSED TO HAVE BEEN STOLEN OR UNLAWFULLY OBTAINED - BASIS OF SUSPICION

RADIN LEGAL PTY LTD v PASQUALE [2016] SADC 115 District Court 16/09/2016

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - CONTRACT IMPLIED FROM CONDUCT OF PARTIES

TARASIUK v COMMISSIONER OF POLICE [2016] SADC 105 District Court 25/08/2016


ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEW OF PARTICULAR DECISIONS

TSCHIRN v AUSTRALIAN EXECUTOR TRUSTEES LIMITED [2016] SASC 149 Supreme Court - Magistrates Appeals 16/09/2016


​SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION

R v DAM & NGUYEN (NO 3) [2016] SADC 116 District Court 24/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - EVIDENCE

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

KOSSOWSKI & ANOR v PSP ENTERPRISES P/L [2016] SADC 114 District Court 15/09/2016


MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

R v IRVINE [2016] SASCFC 104 Supreme Court - Court of Criminal Appeal 16/09/2016


CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS

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

 

R v R, PA [2016] SADC 85 District Court 26/07/2016

​CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY
CRIMINAL LAW - EVIDENCE - MISCELLANEOUS MATTERS - STATUTORY PROVISIONS RELATING TO EVIDENCE OF CHILDREN
CRIMINAL LAW - EVIDENCE - COMPETENCE AND COMPELLABILITY - OATH - COMPETENCE TO TAKE
CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT.
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - INDECENT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE
JOHNSON v SYNNEX AUST P/L; JOHNSON v LEADER COMPUTERS P/L [2016] SASCFC 105 Supreme Court - Full Court 16/09/2016

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM DISTRICT COURT

DANG PHARMACY P/L v DANG [2016] SADC 106 District Court 13/09/2016

PERSONAL PROPERTY

EQUITY - EQUITABLE REMEDIES

EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - GENERALLY - CREDIBILITY AND WEIGHT

 

R v CHARLISH [2016] SASCFC 103 Supreme Court - Court of Criminal Appeal 9/09/2016

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

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

R v GJERGJI [2016] SASCFC 101 Supreme Court - Court of Criminal Appeal 9/09/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS

HUDSON v COMMISSIONER OF TAXATION [2016] SASC 145 Supreme Court - Magistrates Appeals 2/09/2016

​TAXES AND DUTIES - ADMINISTRATION OF FEDERAL TAX LEGISLATION - PENALTIES, OFFENCES AND PROSECUTIONS - PARTICULAR PENALTIES AND OFFENCES - FAILURE TO MAKE STATEMENT OR LODGE RETURN OR DOCUMENT - GENERALLY

DINEDIOS v POLICE [2016] SASC 146 Supreme Court - Magistrates Appeals 7/09/2016

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

MAXCON CONSTRUCTIONS P/L v VADASZ & ORS [2016] SASC 148 Supreme Court 9/09/2016

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - REMUNERATION - STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS - ADJUDICATION OF PAYMENT CLAIMS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION - STAY OF PROCEEDINGS AND INTERLOCUTORY RELIEF
BANKRUPTCY - SCOPE AND POLICY OF LEGISLATION - GENERALLY

R v KNOWLES [2016] SASCFC 100 Supreme Court - Court of Criminal Appeal 9/09/2016

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

R v YOUNG [2016] SASCFC 102 Supreme Court - Court of Criminal Appeal 8/09/2016

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE - PERVERTING THE COURSE OF JUSTICE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES

RICHARDS & ANOR v DIMITRIOU & ORS [2016] SADC 111 District Court 7/09/2016

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

R v ARUOP [2016] SADC 109 District Court 2/09/2016

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

CARBONE v POLICE [2016] SASC 131 Supreme Court - Magistrates Appeals 18/08/2016

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS

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

MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - THE HEARING - TRIVIAL OFFENCES OR EXTENUATING CIRCUMSTANCES - WHAT CONSTITUTES TRIFLING OFFENCE

DUDLEY & ORS v DEPARTMENT OF PRIMARY INDUSTRIES AND REGIONS (PIRSA) & ANOR [2016] SASC 144 Supreme Court - Magistrates Appeals 2/09/2016

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

PRIMARY INDUSTRY - FISH - OFFENCES

PRIMARY INDUSTRY - FISH - ABORIGINAL CUSTOMARY RIGHTS

ABORIGINALS - NATIVE TITLE - PROOF AND EVIDENCE

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF

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

DWYER & VARGA v BERRY [2016] SADC 110 District Court 2/09/2016

​CONVEYANCING - STATUTORY OBLIGATIONS OR RESTRICTIONS RELATING TO CONTRACT FOR SALE - PROTECTION OF PURCHASERS - OBLIGATIONS ON VENDOR: DISCLOSURE, WARNINGS AND LIKE MATTERS

CONVEYANCING - BREACH OF CONTRACT FOR SALE AND REMEDIES - VENDOR'S REMEDIES - DAMAGES

ESTOPPEL - ESTOPPEL BY CONDUCT - ESTOPPEL IN PARTICULAR CIRCUMSTANCES - CONVEYANCING CASES

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - ELECTION AND RESCISSION - LOSS OR WAIVER OF RIGHT TO RESCIND

R v RIERA [2016] SADC 108 District Court 2/09/2016

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

RUSSELL v POLITES INVESTMENTS P/L [2016] SASC 129 Supreme Court 17/08/2016

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

PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS - GENERALLY

THOMPSON & THOMPSON v ANDERSON & PAYNE [2016] SADC 107 District Court 29/08/2016


CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSIDERATION

BUTLER v TIBURZI (NO 2) [2016] SASC 141 Supreme Court 2/09/2016

PROCEDURE - COSTS

ANTONACCI v ANTONACCI & ORS (No 2) [2016] SASC 142 Supreme Court 31/08/2016

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

R v P, S [2016] SASCFC 97 Supreme Court - Court of Criminal Appeal 1/09/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - EVIDENCE - COMPLAINTS - ADMISSIBILITY OF DETAILS AND FACT OF COMPLAINT
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE

FLOWERS v LEGAL PROFESSION CONDUCT COMMISSIONER [2016] SASCFC 98 Supreme Court - Full Court 31/08/2016

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

ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT - REVIEWABLE CONDUCT

PONIATOWSKA v CHANNEL SEVEN SYDNEY PTY LTD & ANOR (No 4) [2016] SASC 137 Supreme Court 23/08/2016

​DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION - CRIMINAL

DEFAMATION - JUSTIFICATION - TRUTH

DEFAMATION - FAIR COMMENT - FOUNDATION OF FACT

DEFAMATION - PUBLICATION - GENERALLY - INTERNET PUBLICATIONS

PFEIFFER v AMACA P/L (UNDER NEW ADMINISTERED WINDING UP) & ORS [2016] SADC 101 District Court 26/08/2016

TORTS - NEGLIGENCE

R v HALL & ANOR [2016] SADC 104 District Court 25/08/2016

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

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION
BENNETT v POLICE [2016] SASC 139 Supreme Court - Magistrates Appeals 25/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
POLICE - RIGHTS, POWERS AND DUTIES - ENTRY UPON PREMISES

GRAHAM v POLICE [2016] SASCFC 94 Supreme Court - Full Court 25/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS

KOCH v CARBONE [2016] SADC 103 District Court 23/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA

LESSES v MARAS (NO 2) [2016] SASC 140 Supreme Court 18/08/2016

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

MERICKA v RATHBONE [2016] SASCFC 95 Supreme Court - Full Court 26/08/2016

PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - APPEALS
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT
PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - NATURE OF PROCEEDINGS

R v FORREST (No 2) [2016] SASCFC 91 Supreme Court - Court of Criminal Appeal 24/08/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - POWERS OF APPELLATE COURT - GENERALLY

R v HUCKS [2016] SASCFC 92 Supreme Court - Court of Criminal Appeal 26/08/2016

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  - GENERALLY

R v JESSOP [2016] SASCFC 93 Supreme Court - Court of Criminal Appeal 26/08/2016

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 - APPEAL DISMISSED
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - STANDARD OF PROOF - CIRCUMSTANTIAL EVIDENCE - REASONABLE HYPOTHESIS CONSISTENT WITH INNOCENCE - GENERALLY

R v NGUYEN [2016] SASCFC 96 Supreme Court - Court of Criminal Appeal 26/08/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES

MALCOLM & ANOR v MALCOLM & ANOR (No 2) [2016] SADC 102 District Court 23/08/2016


PROCEDURE - COSTS

R v PARTRIDGE [2016] SASC 138 Supreme Court 24/08/2016

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS

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

R v RITTER [2016] SASCFC 88 Supreme Court - Court of Criminal Appeal 16/08/2016

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

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

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - FRESH EVIDENCE AND EVENTS OCCURRING AFTER SENTENCE

R v WEBB [2016] SASC 136 Supreme Court 22/08/2016

​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

MOORE-MCQUILLAN v COX & ORS [2016] SADC 98 District Court 19/08/2016

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS

PHILLIPS v POLICE [2016] SASC 135 Supreme Court 19/08/2016

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

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES - STALKING - GENERALLY

HOUNSLOW v POLICE [2016] SASC 119 Supreme Court - Magistrates Appeals 4/08/2016

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

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

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

R v NEILSON [2016] SASCFC 90 Supreme Court - Court of Criminal Appeal 19/08/2016

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

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

RUBY LOANS PTY LTD & ANOR v DE FRANCESCA [2016] SADC 99 District Court 17/08/2016

​PROCEDURE - COSTS - SECURITY FOR COSTS

MCGUINESS v POLICE [2016] SASC 133 Supreme Court - Magistrates Appeals 17/08/2016

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - UNLAWFUL USER OR POSSESSION OF MOTOR VEHICLE
CRIMINAL LAW - PROCEDURE - PLEAS - PLEAS IN BAR

R v BRENDEL [2016] SASCFC 89 Supreme Court - Court of Criminal Appeal 18/08/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - OTHER MATTERS
CRIMINAL LAW - PROCEDURE - PLEAS - PLEAS IN BAR - PLEA OF AUTREFOIS ACQUIT OR AUTREFOIS CONVICT - WHETHER SUFFICIENT BAR

R v CONSTANT [2016] SASCFC 87 Supreme Court - Court of Criminal Appeal 15/08/2016

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

R v NOVAKOVICH [2016] SASC 132 Supreme Court 18/08/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE

THE LEGAL PRACTITIONERS ACT 1981 (SA) RE RODERIC JASON LINDQUIST [2016] SASC 134 Supreme Court 16/08/2016

PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES

BLACKBURN & ANOR v LOGOS RESEARCH INSTITUTE PTY LTD & ORS (No 3) [2016] SADC 97 District Court 7/07/2016

EQUITY - EQUITABLE REMEDIES - SPECIFIC PERFORMANCE

EMAPTA GROUP v WOODVILLE DIAGNOSTICS AND IMAGING PTY LTD [2016] SADC 96 District Court 15/07/2016

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

POLICE v BUTCHER [2016] SASC 130 Supreme Court - Magistrates Appeals 17/08/2016

TRAFFIC LAW - OFFENCES - EVIDENCE - PROOF OF SPEED
EVIDENCE - PROOF - FACILITATING PROOF - MATTERS RELATING TO MACHINES, PROCESSES AND OTHER DEVICES
EVIDENCE - PROOF - STANDARD OF PROOF - STANDARD OF SATISFACTION - SUFFICIENCY - GENERALLY

R v S, LR [2016] SADC 95 District Court 12/08/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

RIYAR v BLANDFORD [2016] SADC 93 District Court 11/07/2016

​MAGISTRATES - APPEAL AND REVIEW

R v B, L K [2016] SADC 92 District Court 27/07/2016

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD

R v STEELE (NO 6) [2016] SASC 124 Supreme Court 12/08/2016

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - MENTAL HEALTH, HOSPITAL SECURITY ORDERS, ETC - REVIEW

STRATA CORPORATION NO 4512 INCORPORATED v REDREUCH PTY LTD & ATLANTIC TOWER PTY LTD [2016] SADC 94 District Court 12/08/2016

REAL PROPERTY - STRATA AND RELATED TITLES - MANAGEMENT AND CONTROL - BODY CORPORATE: POWERS, DUTIES AND LIABILITIES

SUTCLIFFE v RSPCA (SA) INC [2016] SASC 125 Supreme Court - Magistrates Appeals 11/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
ANIMALS - VARIOUS STATUTORY PROVISIONS - PREVENTION OF CRUELTY TO ANIMALS - OFFENCES
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - MENS REA - STATUTORY OFFENCES

FRUNKS v POLICE [2016] SASC 120 Supreme Court - Magistrates Appeals 5/08/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION & CHILD DEVELOPMENT & ORS (No 5) [2016] SASC 127 Supreme Court 11/08/2016

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT

POPOWYCZ v POLICE [2016] SASC 126 Supreme Court 12/08/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - SENTENCE - INTERPRETATION OF SENTENCING PROVISIONS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - PROCEDURE

R v RAVESI [2016] SASC 128 Supreme Court - Magistrates Appeals 9/08/2016

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

WATSON v POLICE [2016] SASC 123 Supreme Court - Magistrates Appeals 9/08/2016

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

KOWALSKI v R J COLE & PARTNERS [2016] SASC 118 Supreme Court - Magistrates Appeals 4/08/2016

​EQUITY - TRUSTS AND TRUSTEES - POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES - GENERAL MATTERS - DUTY NOT TO MIX TRUST MONEY WITH OWN

PORKER v RICHARDS & ORS [2016] SASC 98 Supreme Court 1/07/2016

​SUCCESSION - ADMINISTRATION OF ESTATE - ASSETS

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

R v SIMPSON [2016] SASCFC 83 Supreme Court - Court of Criminal Appeal 8/08/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION

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 - OTHER MATTERS

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - OTHER PARTICULAR CASES

WESTPAC SECURITIES ADMINISTRATION LTD v COOPER [2016] SASC 122 Supreme Court 8/08/2016

​SUPERANNUATION - INDUSTRY SUPERVISION

SUPERANNUATION - PRIVATE SECTOR FUNDS - AMENDMENT OF TRUST DEED

SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - POWERS AND DUTIES

PAPAS v POLICE; PAPAS WASTE EQUIPMENT INTERNATIONAL PTY LTD v POLICE [2016] SASC 114 Supreme Court - Magistrates Appeals 13/07/2016

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

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS

R v ECCLES-SMITH [2016] SASCFC 84 Supreme Court - Court of Criminal Appeal 5/08/2016

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

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

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

R v SCHUSTER [2016] SASCFC 86 Supreme Court - Court of Criminal Appeal 8/08/2016

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

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

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

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

ANDRESSEN v BENDIGO AND ADELAIDE BANK LTD [2016] SASC 111 Supreme Court 28/07/2016

​PRIVATE INTERNATIONAL LAW - SERVICE OUT OF JURISDICTION - UNDER OTHER LEGISLATION AND RULES OF COURT - VALIDITY

PRIVATE INTERNATIONAL LAW - JURISDICTION - SUBSTITUTED SERVICE OUT OF JURISDICTION

PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS - RULES OF COURT - POWERS OF COURT IN RELATION TO COURT

R v ALDERSON [2016] SASCFC 85 Supreme Court - Court of Criminal Appeal 8/08/2016

​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

R v YE [2016] SASCFC 82 Supreme Court - Court of Criminal Appeal 4/08/2016

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

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

RETAIL EMPLOYEES SUPERANNUATION PTY LTD v PAIN [2016] SASC 121 Supreme Court 8/08/2016

​SUPERANNUATION - INDUSTRY SUPERVISION

SUPERANNUATION - PRIVATE SECTOR FUNDS - AMENDMENT OF TRUST DEED

SUPERANNUATION - PRIVATE SECTOR FUNDS - TRUSTEES - POWERS AND DUTIES

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION

R v FORREST [2016] SASCFC 76 Supreme Court - Court of Criminal Appeal 28/07/2016

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 - PROPENSITY, TENDENCY AND CO-INCIDENCE  - DIRECTIONS TO JURY
CRIMINAL LAW - EVIDENCE - CHARACTER AND PRIOR CONVICTIONS - CHARACTER OF WITNESS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - AVAILABILITY AT TRIAL, MATERIALITY AND COGENCY - AVAILABILITY AT TRIAL - EVIDENCE IN POSSESSION OF CROWN NOT DISCLOSED TO DEFENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - GENERALLY

AUSTRALIAN EXECUTOR TRUSTEE LTD v SUNCORP LIFE & SUPERANNUATION LTD [2016] SADC 89 District Court 29/07/2016

INSURANCE - LIFE INSURANCE
INSURANCE - THE POLICY - OBLIGATION OF UTMOST GOOD FAITH

SB, MF v MINISTER FOR EDUCATION & CHILD DEVELOPMENT [2016] SASC 116 Supreme Court 1/08/2016

FAMILY LAW AND CHILD WELFARE - CHILD WELFARE UNDER STATE LEGISLATION - CHILDREN IN NEED OF PROTECTION - GUARDIANSHIP OF CHILDREN

MURPHY v POLICE [2016] SASCFC 81 Supreme Court - Full Court 3/08/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - EVIDENCE - IDENTIFICATION EVIDENCE - WARNING ADVISABLE OR REQUIRED - ADEQUACY OF WARNING - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - OTHER CASES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - OTHER MATTERS

BUTLER v TIBURZI [2016] SASC 108 Supreme Court 26/07/2016

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

PARKER & ORS v AUSTRALIAN EXECUTOR TRUSTEES LIMITED (No 2) [2016] SASC 115 Supreme Court 2/08/2016

​PROCEDURE - COSTS

R v BAUER [2016] SADC 88 District Court 29/07/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY
CRIMINAL LAW - PROCEDURE - FITNESS TO PLEAD OR BE TRIED

LESSES v MARAS [2016] SASC 117 Supreme Court 26/07/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - SECURITY FOR COSTS

MANCINI v LEGAL PROFESSION CONDUCT COMMISSIONER [2016] SASCFC 77 Supreme Court - Full Court 26/07/2016

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

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT (NO. 4) [2016] SASC 113 Supreme Court 1/08/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT

PDB PROJECT MANAGEMENT AUSTRALIA PTY LTD v HOME BUYER DEPOSIT ASSIST PROGRAM (AUSTRALIA) PTY LTD & ANOR [2016] SADC 90 District Court 1/08/2016

​CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS

R v BUI (No 2) [2016] SASCFC 80 Supreme Court - Court of Criminal Appeal 1/08/2016

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

R v FORD [2016] SASC 112 Supreme Court 1/08/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY

R v RERICH [2016] SASCFC 78 Supreme Court - Court of Criminal Appeal 1/08/2016

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - OFFENCES ARISING OUT OF SAME TRANSACTION OR COURSE OF CONDUCT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - POSSESSION
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE

R v RICHARDS [2016] SASCFC 79 Supreme Court - Court of Criminal Appeal 28/07/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - PROCURATION
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - GENERAL PRINCIPLES
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - PRIMA FACIE CASE OR CASE TO ANSWER - GENERALLY
CRIMINAL LAW - PROCEDURE - VERDICT - POWER OF JUDGE TO DIRECT VERDICT

BETTY JEAN HOFFMAN (DECEASED) [2016] SASC 110 Supreme Court 28/07/2016

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - CHANGING, TRANSPOSING, OMITTING OR SUPPLYING WORDS - OMITTING WORDS

COSTCO WHOLESALE AUSTRALIA PTY LTD v WOOLWORTHS LTD AND ORS [2016] SASCFC 75 Supreme Court - Full Court 21/07/2016

GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - MATTERS FOR CONSIDERATION - GENERALLY
GAMING AND LIQUOR - ADMINISTRATION - LIQUOR LICENSING - APPLICATION FOR A LICENCE - APPLICATION HEARING - POWERS OF LICENSING AUTHORITY - DISCRETION TO GRANT OR REFUSE LICENCE
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - WHOLE ACT TO BE CONSIDERED

KONSTANTINOS ASIMAKOPOULOS (DECEASED) [2016] SASC 109 Supreme Court 28/07/2016

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - JURISDICTION AND DISCRETION OF COURT - SOUTH AUSTRALIA
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - ALTERATION AND REVOCATION OF GRANTS

R v F, MN [2016] SADC 86 District Court 27/07/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

THE LUTHERAN LAYPEOPLE'S LEAGUE OF AUSTRALIA INC [2016] SASC 106 Supreme Court 11/07/2016

CHURCHES AND RELIGIOUS ASSOCIATIONS - CHURCH PROPERTY AND TRUSTS - PROCEEDINGS IN RESPECT OF
CHARITIES - ADMINISTRATION AND CONTROL BY COURT - GENERALLY - JURISDICTION AND WHAT MAY BE SANCTIONED OR ORDERED - JURISDICTION - GENERALLY
CHARITIES - ADMINISTRATION AND CONTROL BY COURT - GENERALLY - SETTLEMENT OF SCHEMES - WHEN SCHEME APPROPRIATE