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ACN
068 691 092 P/L & anor v Plan 4 Insurance Services P/L & ors [2012]
SASCFC 25
Supreme Court, Full Court, 22 March 2012
Appeal And New Trial - Appeal
- General Principles - Interference With Judge's Findings Of Fact - Functions Of
Appellate Court - Findings On Issue Of Negligence
Trade And Commerce - Trade Practices And Related Matters - Consumer Protection -
Misleading, Deceptive Or Unconscionable Conduct
Insurance
- General - Policies Of Insurance - Renewal, Affirmation, Rectification Or
Novation Of Policy
ACN 115 722 248 P/L v Milligan
[2012] SASCFC 26
Supreme Court, Full Court, 23 March 2012
Appeal And New Trial - Appeal - Practice And Procedure - South Australia - When
Appeal Lies - By Leave Of Court - Generally
Appeal And New Trial - Appeal - Practice And Procedure - South Australia - When
Appeal Lies - By Leave Of Court - Interlocutory Orders And Judgments
A
& J Palms P/L v Bateman [2012] SASC 33
Supreme Court, Magistrates Appeals, Blue J, 7 March 2012
Torts
- Trover And Detinue - Remedies - Action For Conversion - Who May Sue
Magistrates
- Appeals And Review - South Australia - Appeal To Supreme Court - Powers And
Practice Of Court On Hearing - Point Not Raised In Court Below
Alstom
Ltd v Yokogawa Australia P/L & anor (No 7) [2012] SASC 49
Supreme Court, Bleby J, 2 April 2012
Contracts
- General Contractual Principles - Construction And Interpretation Of Contracts
Contracts - General Contractual Principles - Formation Of Contractual Relations
- Matters Not Giving Rise To Binding Contract - Vagueness And Uncertainty
Contracts - General Contractual Principles - Construction And
Interpretation Of Contracts - Penalties And Liquidated Damages
Contracts
- General Contractual Principles - Construction And Interpretation Of Contracts
- Interpretation Of Miscellaneous Contracts And Other Matters
Contracts
- General Contractual Principles - Construction And Interpretation Of Contracts
Equity
- General Principles - Mistake - Equitable Remedies - Rectification
Contracts
- General Contractual Principles - Construction And Interpretation Of Contracts
Contracts
- General Contractual Principles - Construction And Interpretation Of Contracts
- Implied Terms - Terms Essential To Enable Performance
Contracts
- Building, Engineering And Related Contracts - Performance Of Work
Evidence
- Admissibility And Relevancy - Opinion Evidence - Expert Opinion
Contracts
- Building, Engineering And Related Contracts - Performance Of Work - Time
Contracts
- General Contractual Principles - Discharge, Breach And Defences To Action For
Breach - Impossibility Of Performance
Contracts
- Building, Engineering And Related Contracts - Remuneration - Recovery
Contracts
- General Contractual Principles - Construction And Interpretation Of Contracts
Contracts
- Building, Engineering And Related Contracts - The Contract - Construction Of
Particular Contracts And Implied Conditions - Variations
Estoppel
Procedure
- Supreme Court Procedure - South Australia - Procedure Under Rules Of Court -
Amendment
Words
And Phrases Con
Angas
Securities Ltd & anor v Horizon Lifestyle Developments P/L [2012] SASC 26
Supreme Court, Withers J, 9 March 2012
Procedure
Archonstruct
P/L v Karalis & ors (No 5) [2012] SADC 36
District Court, Nicholson DCJ, 3 April 2012
Procedure - Costs
BHP
Billiton Ltd v District Court of SA & anor [2012] SASC 62
Supreme Court, Gray J, 20 April 2012
Administrative Law - Judicial
Review - Grounds Of Review - Procedural Fairness - Bias - Apprehension Of Bias
BHP Billiton Ltd v Nilsen (SA) P/L
[2012] SADC 34
District Court, Gilchrist DCJ, 22 March 2012
Procedure
Bui
v Police [2012] SASC 72
Supreme Court, Magistrates Appeals, Doyle CJ, 8 May 2012
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 - Prior Criminality
Criminal Law - Sentence - Relevant Factors - Nature And Circumstances Of Offence - Circumstances Of Offence
Calabrese
v Hosseini [2012] SADC 45
District Court, Beazley DCJ, 3 April 2012
Torts - Negligence - Road Accident Cases - Liability of Drivers of Vehicles
City of Burnside v
Jacobsen [2012] SADC 55
District Court, Lovell DCJ, 27 April 2012
Defamation - Damages
City
of Holdfast Bay v Colley Terrace P/L & anor [2012] SASC 60
Supreme Court, David J, 17 April 2012
Procedure
- Supreme Court Procedure - South Australia - Procedure Under Rules Of Court -
Pleadings - Generally
Procedure
- Supreme Court Procedure - South Australia - Procedure Under Rules Of Court -
Amendment
Commissioner for Consumer Affairs v
Daniel Christiaan Overduin (t/as Daniel Christiaan Real Estate) [2012] SADC 32
District Court, Soulio DCJ, 21 March 2012
Administrative Law
Commonwealth Bank of
Australia v Hocknell [2012] SASC 52
Supreme Court, Lunn J, 29 March 2012
Real Property
Procedure
Compton
v Police [2012] SASC 31
Supreme Court, Magistrates Appeals, Kelly J, 2 March 2012
Magistrates - Appeals
And Review - South Australia - Appeal To Supreme Court
Criminal Law - Evidence - Propensity, Tendency And Co-Incidence
- Admissibility And Relevancy - Propensity Evidence - Evidence Of
Uncharged Acts
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 - Verdict Unreasonable Or Insupportable Having Regard
To Evidence - Appeal Dismissed
Cooper
v Moloney & ors [2012] SASC 35
Supreme Court, Lunn J, 9 March 2012
Procedure
Coppola
& anor v Nobile & anor [2012] SASC 42
Supreme Court, Stanley J, 22 March 2012
Procedure
- Miscellaneous Procedural Matter
Craneford Nominees
P/L v VGC Co-Operative Ltd [2012] SASC 59
Supreme Court, Lunn J, 13 April 2012
Corporations
Dagenham
Nominees P/L v Shanks [2012] SASCFC 41
Supreme Court, Full Court, 26 April 2012
Contracts - General Contractual Principles - Construction And Interpretation Of Contracts - Implied Terms - Generally
Sale Of Goods - Conditions And Warranties - Implied Conditions And Warranties - Quality Or Fitness For Particular Purpose - Fitness For Particular Purpose - In General
Evidence - Burden Of Proof, Presumptions, And Weight And Sufficiency Of Evidence - Generally - Onus Of Proof - Other Matters
Damages - General Principles - Mitigation Of Damages - What Matters May Be Considered
Debondt
v Marshall & anor [2012] SASC 40
Supreme Court, Testamentary Causes Jurisdiction, Gray J, 15 March 2012
Succession
- Wills, Probate And Administration - The Making Of A Will - Revocation -
Methods Of Revocation - Other Wills, Codicils Or Writings
Department of Planning, Transport &
Infrastructure v Berry [2012] SASC 29
Supreme Court, Magistrates Appeals, Vanstone J, 2 March 2012
Traffic Law - Transport Co-Ordination And Regulation Legislation - South
Australia - Road And Railway Transport Legislation
Dietman
v Karpany & anor [2012] SASCFC 53
Supreme Court, Full Court, 11 May 2012
Aboriginals
- Native Title - Extinguishment
Primary Industry - Fish - Aboriginal Customary Rights
Primary
Industry - Fish - Constitutional, Territorial And Related Issues -
Constitutional Matters - Interaction Of Powers Of Commonwealth And States
Duffy
v Google Inc & anor [2011] SADC 178
District Court, Millsteed DCJ, 15 November 2011
Defamation - Injunctions - Interlocutory Injunctions
Ferenczfy v Johnsondiversey Australia
P/L [2012] SADC 22
District Court, Nicholson DCJ, 1 March 2012
Torts - Negligence - Essentials Of Action For Negligence - Standard Of Care
Torts - Negligence - Essentials Of Action For Negligence - Damage - Causation
Ferenczfy v Johnsondiversey Australia
P/L (No 2) [2012] SADC 33
District Court, Nicholson DCJ, 22 March 2012
Procedure - Costs - Departing From The General Rule - Other Cases
Fleming
v Advertiser-News Weekend Publishing Company P/L & anor [2012] SASC 58
Supreme Court, Peek J, 13 April 2012
Defamation - Actions For Defamation - Pleading - South Australia
Defamation - Justification - Truth - Truth As To Part
Defamation - Actions For Defamation - Particulars - Of Statement Of Defence Or
Plea - Justification
Fritsch
v Police [2012] SASC 54
Supreme Court, Magistrates Appeals, David J, 4 April 2012
Criminal Law - Appeal And New Trial - Appeal
Against Sentence - Grounds For Interference
- Sentence Manifestly Excessive Or Inadequate
Criminal
Law - Particular Offences - Driving Offences - Sentence - Other Offences
Garra
Water Investments P/L (in liq) v Ourback Yard Nursery P/L & anor [2012] SASC
44
Supreme Court, Gray J, 26 March 2012
Equity
- Trusts And Trustees - Powers, Duties, Rights And Liabilities Of Trustees -
Indemnity, Lien And Reimbursement - Relevant Principles
Equity - Trusts And Trustees - Powers, Duties, Rights And Liabilities Of
Trustees - Carrying On Business - Personal Liability Of Trustee
Equity - Trusts And Trustees - Applications To Court For Advice And Authority -
Petition Or Summons For Advice
Corporations
- Winding Up - Liquidators - Duties And Liabilities - In Voluntary Winding Up -
Other Matters
Gerah
Imports P/L v The Duke Group Ltd (in liq) [2012] SASC 63
Supreme Court, Sulan J, 18 April 2012
Corporations
- Winding Up - Conduct And Incidents Of Winding Up - Applications To Court For
Directions Or Advice
Global
Investment House P/L v Murdock & anor (No 2) [2012] SASC 46
Supreme Court, Lunn J, 26 March 2012
Procedure
Gogos & anor v Gogos & ors [2012] SASC
45
Supreme Court, Kourakis J, 15 March 2012
Real Property - Torrens Title - Caveats Against Dealings - Removal - Particular
Cases
Gwinnett
v Day & anor [2012] SASC 43
Supreme Court, Stanley J, 22 March 2012
Torts
- Trover And Detinue - What Constitutes Conversion - Generally
Partnership
- Partnership Property - Doctrine Of Conversion
Gwinnett
v Day (No 2) [2012] SASC 61
Supreme Court, Stanley J, 17 April 2012
Procedure
- Costs - Departing From The General Rule - Powers Of Court
H,
M v C, L [2012] SADC 44
District Court, McIntyre DCJ, 13 April 2012
Family
Law And Child Welfare - De Facto Relationships - Adjustment Of Property
Interests
Hamilton
& anor v Simeon Wines Ltd & ors [2011] SADC 195
District Court, Lovell DCJ, 21 December 2011
Contracts
- General Contractual Principles - Harsh And Unconscionable Contracts And
Statutory Remedies
Hamilton
& anor v Simeon Wines Ltd & ors (No 2) [2012] SADC 26
District Court, Lovell DCJ, 9 March 2012
Procedure - Judgments And Orders - Interest On Judgments
Hamilton
& anor v Simeon Wines Ltd & ors (No 3) [2012] SADC 58
District Court, Lovell DCJ, 1 May 2012
Procedure - Costs
Holmdahl
v Australian Electoral Commission [2012] SASC 76
Supreme Court, Magistrates Appeals, Gray J, 11 May 2012
Magistrates
- Appeals And Review - South Australia - Appeal To Supreme Court - Further
Appeal To Full Court
Constitutional
Law - The Non-Judicial Organs Of Government - The Legislature - Elections And
Related Matters - Failure To Vote
Jacobs & anor v
Edwards & ors (No 5) [2012] SASC 39
Supreme Court, Lunn J, 13 March 2012
Procedure - Costs - Security For Costs
Jacobs & anor v
Edwards & ors (No 6) [2012] SASC 66
Supreme Court, Lunn J, 24 April 2012
Procedure
Jebsens International (Australia) P/L & anor v Interfert Australia P/L & ors
[2012] SASC 50
Supreme Court, Anderson J, 25 August 2011
Arbitration - The Award - Enforcing Awards - Foreign Awards
Shipping And Navigation - Demise And Charterparty - Other Matters
Jone
v Hussaini [2012] SADC 59
District Court, Beazley DCJ, 10 April 2012
Contracts
- Building, Engineering And Related Contracts - Remuneration - Recovery On
Quantum Meruit
Kingsford
Machinery & Stix Farms P/L v Marks [2012] SASC 65
Supreme Court, Magistrates Appeals, Kourakis J, 27 April 2012
Magistrates
- Appeals And Review - South Australia - Appeal To Supreme Court
Landlord
And Tenant - Leases And Tenancy Agreements - Construction And Interpretation
Kleen-Tex
(Thailand) Co Ltd & ors v Corporate IM P/L & ors [2012] SASC 71
Supreme Court, White J, 2 May 2012
Procedure - Supreme Court Procedure - South Australia - Procedure Under Rules Of Court - Summary Judgment
Corporations - Receivers, Controllers And Managers - Appointment - By Creditor
Kowalski v Cole & ors [2012] SASC 30
Supreme Court, Magistrates Appeals, Kelly J, 2 March 2011
Magistrates - Jurisdiction And Procedure Generally - Procedure - Information And
Complaint - Form And Sufficiency - Generally
Procedure - Courts And Judges Generally - Judges - Disqualification For Interest
Or Bias - In General - Ordinary Rule
Kyren P/L v
Wunda Projects Australia P/L & ors [2012] SASCFC 23
Supreme Court, Full Court, 15 March 2012
Contracts - Building, Engineering And Related Contracts - The Contract -
Construction Of Particular Contracts And Implied Conditions - Variations
Contracts - General Contractual Principles - Discharge, Breach And Defences To
Action For Breach - Repudiation And Non-Performance
Contracts - Building, Engineering And Related Contracts - Remuneration -
Recovery On Quantum Meruit
Led
Investments P/L v Schriever Property Trust [2012] SASC 48
Supreme Court, Magistrates Appeals, David J, 28 March 2012
Procedure
- Inferior Courts - South Australia - District And Local Courts Procedure Under
Former Local Court Rules - Practice - Procedure Before Trial - Defence
Legal
Practitioners Conduct Board v Clisby [2012] SASCFC 43
Supreme Court, Full Court, 1 May 2012
Professions
And Trades - Lawyers - Practising Certificates - Cancellation And Suspension
Professions And Trades - Lawyers - Duties And Liabilities - Duties To Court -
Other Matters
Professions
And Trades - Lawyers - Complaints And Discipline - Disciplinary Proceedings -
South Australia - Proceedings In Tribunals
M,
GC v Police [2012] SASC 73
Supreme Court, Magistrates Appeals, Stanley J, 4 May 2012
Criminal Law - Sentence - Sentencing Of Juveniles - Custodial Orders - Detention In Training Centre
Criminal Law - Sentence - Relevant Factors - Nature And Circumstances Of Offender - Age Of Offender - Young Offender
Criminal Law - Sentence - Sentencing Of Juveniles - Relevant Factors - General Principles
M,
PA v Police [2012] SASCFC 24
Supreme Court, Full Court, 15 March 2012
Criminal Law - Appeal And New Trial - Procedure - Other Matters
Traffic
Law - Licensing Of Drivers - South Australia - Disqualification, And
Cancellation And Suspension Of Licences - Other Cases
Martin
v Employers Mutual Ltd [2012] SASCFC 36
Supreme Court, Full Court, 20 April 2012
Workers'
Compensation - Proceedings To Obtain Compensation - Determination Of Claims -
Appeals, Judicial Review And Stated Cases - Question Of Law
Workers'
Compensation - Proceedings To Obtain Compensation - Determination Of Claims -
Evidence - Onus Of Proof
Melvaine
v Police [2012] SASC 32
Supreme Court, Magistrates Appeals, Kourakis J, 9 March 2012
Magistrates - Appeals And
Review - South Australia - Appeal To Supreme Court
Criminal
Law - Particular Offences - Offences Against The Person - Sexual Offences -
Other Offences
Miles
v Police [2012] SASC 69
Supreme Court, Magistrates Appeals, Doyle CJ, 24 April 2012
Traffic
Law - Offences - Particular Offences - Driving In Breach Of Specific Speed
Limits
Criminal Law - Sentence - Sentencing Orders - Discretion To Record Conviction -
Generally
Traffic
Law - Licensing Of Drivers - South Australia - Disqualification, Cancellation Or
Suspension Of Licences - Convictions Of Traffic Offences Relating To Other
Matters - Demerit Points
Motor
Accident Commission v Curzons [2012] SASCFC 22
Supreme Court, Full Court, 15 March 2012
Torts
- Negligence - Contributory Negligence
Torts
- Negligence - Miscellaneous Defences - Illegality Of Plaintiff's Activity
Damages
- Measure And Remoteness Of Damages In Actions For Tort - Measure Of Damages -
Personal Injuries - Loss Of Earnings And Earning Capacity - Legal Principles
Nicholls
(deceased) In the Estate of [2012] SASC 53
Succession
- Wills, Probate And Administration - Probate And Letters Of Administration -
Foreign Grants - Reseal - Jurisdiction And In General
Niehus
v Police [2012] SASC 56
Supreme Court, Magistrates Appeals, Gray J, 10 April 2012
Criminal
Law - Appeal And New Trial - Appeal Against Sentence - Grounds For Interference
- Sentence Manifestly Excessive Or Inadequate
Ocsalt
P/L v Minister for Mineral Resources & Energy & anor [2012] SASC 67
Supreme Court, Lunn J, 26 April 2012
Procedure
Paringa Property
Services P/L v Green & anor [2012] SADC 41
District Court, Boylan DCJ, 5 April 2012
Procedure - Costs - Practice Matters
Pedra
Branca Dairying P/L v B & S Walker P/L [2012] SADC 35
District Court, Cuthbertson DCJ, 4 April 2012
Trade
And Commerce - Trade Practices And Related Matters - Consumer Protection -
Misleading, Deceptive Or Unconscionable Conduct
Contracts
- General Contractual Principles
Pelham
v Peterkin [2012] SADC 60
District Court, Brebner DCJ, 15 May 2012
Contracts
- General Contractual Principles - Discharge, Breach And Defences To Action For
Breach
Trade
And Commerce - Trade And Commerce Generally - Statutes Relating To Misleading Or
Deceptive Conduct In Trade - South Australia
Pharmos
Nominees P/L v Commissioner of State Taxation (No 2) [2012] SASC 34
Supreme Court, Gray J, 15 March 2012
Procedure
- Costs - Departing From The General Rule - Other Cases - Failure In Portion Of
A Case
Police v Payne
[2012] SASCFC 20
Supreme Court, Full Court, 9 March 2012
Appeal
And New Trial - Appeal - Practice And Procedure - South Australia - When Appeal
Lies - By Leave Of Court - Generally
Police v Rasheed [2012] SASC 25
Supreme Court, Magistrates Appeals, Vanstone J, 2 March 2012
Traffic Law - Offences - Particular Offences - Alcohol And Drug Related Offences
- South Australia - Driving With Prescribed Concentration Of Alcohol In The
Blood
Traffic Law - Licensing Of Drivers - South Australia - Disqualification, And
Cancellation And Suspension Of Licences - Grounds Relating To Use Of
Intoxicating Liquor Or Drugs
Police
v Short [2012] SASCFC 27
Supreme Court, Full Court, 29 March 2012
Traffic
Law - Offences - Particular Offences - Alcohol And Drug Related Offences - South
Australia - Driving With Prescribed Concentration Of Alcohol In The Blood
Traffic Law - Offences - Particular Offences - Alcohol And Drug Related Offences
- South Australia - Testing And Analysis Procedure - Breath Test And Analysis
Evidence
- Documentary Evidence - Public Documents - Gazettes
Words And Phrases Considered/Defined
Police
v Wilson [2012] SASC 38
Supreme Court, Magistrates Appeals, Vanstone J, 14 March 2012
Criminal
Law - Particular Offences - Offences Against The Person - Assault - Generally
Polyaire
P/L v K-Aire P/L & ors [2012] SASC 75
Supreme Court, White J, 10 May 2012
Intellectual
Property - Designs - Infringement - Remedies
Public
Trustee as Litigation Guardian for Imre Pinter v Newman [2012] SASCFC18
Supreme Court, Full Court, 8 March 2012
Procedure - Costs - Appeals As To Costs - Discretion
Procedure
- Costs - Scales Of Costs - Scale Applicable
R
v Addison [2012] SASCFC 46
Supreme Court, Court of Criminal Appeal, 2 May 2012
Criminal Law - Appeal And New Trial - Appeal
Against Sentence - Grounds For Interference
- Sentence Manifestly Excessive Or Inadequate
Criminal Law - Sentence - Sentencing Orders - Non-Custodial Orders - Suspended
Sentence Of Imprisonment - Breach Of Conditions Of Suspension And Sentence
Following Breach
Criminal Law - Sentence - Sentencing Procedure - Single Sentence For Multiple
Offences
Criminal
Law - Sentence - Relevant Factors
- Response To Charges - Plea Of Guilty
R
v Andrews [2012] SASC 78
Supreme Court, Nyland J, 11 May 2012
Criminal
Law - Particular Offences - Offences Against The Person - Homicide - Murder
Criminal Law - Appeal And New Trial - Particular Grounds Of Appeal - Fresh
Evidence
Appeal
And New Trial - Appeal - Practice And Procedure - South Australia - When No
Appeal Lies
R v Bachra [2012] SASCFC 31
Supreme Court, Court of Criminal Appeal, 4 April 2012
Criminal Law - Appeal And New Trial - Appeal Against Sentence - Grounds For Interference - Sentence Manifestly Excessive Or Inadequate
Criminal Law - Sentence - Relevant Factors - Totality
R
v Basa [2012] SASCFC 35
Supreme Court, Court of Criminal Appeal, 17 April
Criminal
Law - Particular Offences - Offences Against The Person - Sexual Offences -
Joinder - Joint Trial
Criminal Law - Evidence - Propensity, Tendency And Co-Incidence
- Joinder Of Persons Or Counts
Criminal
Law - Procedure - Information, Indictment Or Presentment - Joinder - Of Counts -
By Statute - Same Facts Or Series Of Offences Of Same Or Similar Character
R
v Blayney [2012] SASCFC 38
Supreme Court, Court of Criminal Appeal, 20 April 2012
Criminal Law - Appeal And New Trial -
Appeal Against Sentence
Criminal Law - Sentence - Relevant Factors
- Nature And Circumstances Of Offender - Age Of Offender - Young Offender
Criminal
Law - Sentence - Relevant Factors
- Nature And Circumstances Of Offender - Intellectually Handicapped
Offender
R
v Bowley & anor [2012] SADC 53
District Court, Brebner DCJ, 24 April 2012
Procedure - Courts And Judges Generally - Judges - Disqualification For Interest Or Bias
R
v C, J [2012] SASCFC 11
Supreme Court, Court of Criminal Appeal, 2 March 2012
Criminal
Law - Particular Offences - Offences Against The Person - Sexual Offences -
Indecent Assault And Related Offences - Evidence
Criminal Law - Appeal And New Trial - Particular Grounds Of Appeal -
Misdirection And Non-Direction - Joint Trial Of Several Counts
Criminal
Law - Evidence - Corroboration - Directions To Jury - Adequacy Of Warning -
Evidence Of Child
R v Campbell [2012]
SASCFC 44
Supreme Court, Court of Criminal Appeal, 30 April 2012
Criminal Law - Appeal And New Trial - Appeal Against Sentence - Grounds For Interference - Fresh Evidence And Events Occurring After Sentence
Criminal Law - Appeal And New Trial - Appeal Against Conviction Recorded On Guilty Plea - Particular Cases
Criminal Law - Particular Offences - Offences Against The Person
R
v Cao [2012] SASCFC 32
Supreme Court, Court of Criminal Appeal, 17 April 2012
Criminal Law - Particular Offences - Drug
Offences - Dealing And Distribution Of Drugs - Trafficking Or Sale And Supply
Criminal Law - Appeal And New Trial - Appeal Against Sentence - Grounds For
Interference -
Sentence Manifestly Excessive Or Inadequate
Criminal Law - Sentence - Relevant Factors
- Parity Between Co-Offenders
Criminal
Law - Sentence - Relevant Factors
- Irrelevant Factors
R
v Carbone & ors [2012] SASCFC 34
Supreme Court, Court of Criminal Appeal, 13 April 2012
Criminal Law - Appeal And New Trial - Appeal
Against Sentence - Grounds For Interference
- Judge Acted On Wrong Principle
Criminal
Law - Particular Offences - Drug Offences - Sentence - Relevant Matters -
Generally
R
v Cave [2012] SASCFC 42
Supreme Court, Court of Criminal Appeal, 26 April 2012
Criminal Law - Sentence - Relevant Factors
- Nature And Circumstances Of Offence - Generally
Criminal Law - Sentence - Relevant Factors
- Totality
Criminal
Law - Sentence - Relevant Factors
- Nature And Circumstances Of Offender - Age Of Offender - Elderly
Offender
R v Chalmers [2012] SADC 21
District Court, Trial by Judge Alone, Barrett DCJ, 1 March 2012
Criminal Law - Evidence - Identification Evidence
R
v Clark [2012] SADC 23
District Court, Chivell DCJ, 1 March 2012
Criminal
Law - Particular Offences - Offences Against The Person - Sexual Offences
R v Cleland [2012]
SADC 42
District Court, Trial by Judge Alone, Griffin DCJ, 12 April 2012
Criminal Law - Particular Offences - Offences Against The Person - Sexual Offences
R
v Cullen [2012] SADC 50
District Court, Lovell DCJ, 24 April 2012
Criminal
Law - Particular Offences - Drug Offences - Production Or Cultivation
R
v Dunn [2012] SASCFC 40
Supreme Court, Court of Criminal Appeal, 18 April 2012
Criminal Law - Appeal And New Trial - Particular Grounds Of Appeal - Misdirection And Non-Direction - Particular Cases - Where Appeal Dismissed
Criminal Law - General Matters - Criminal Liability And Capacity - Defence Matters - Defence Of Persons Or Property - Defence Of Another
Criminal Law - General Matters - Criminal Liability And Capacity - Defence Matters - Defence Of Persons Or Property - Directions To Jury
R
v Elrayes [2012] SASCFC 28
Supreme Court, Court of Criminal Appeal, 30 March 2012
Criminal
Law - Appeal And New Trial - Procedure - Miscellaneous Matters - South Australia
- Case Stated And Reservation Of Question Of Law
Criminal
Law - Particular Offences - Drug Offences - Dealing And Distribution Of Drugs -
Trafficking Or Sale And Supply
Statutes
- By-Laws And Regulations - Construction - Particular Words
Criminal
Law - Particular Offences - Drug Offences - Identity Of Prohibited Substances
Words
And Phrases Considered/Defined
R
v Francis [2012] SASCFC 50
Supreme Court, Court of Criminal Appeal, 2 May 2012
Criminal Law - Appeal And New Trial - Appeal
Against Sentence - Grounds For Interference
- Fresh Evidence And Events Occurring After Sentence
Criminal
Law - Appeal And New Trial - Appeal Against Sentence - Grounds For Interference
- Other Matters
R
v Gavare [2012] SASCFC 52
Supreme Court, Court of Criminal Appeal, 4 May 2012
Criminal Law - Particular Offences - Offences Against The Person - Homicide - Murder - Alternative Verdicts - Directions To Jury - Where Evidence To Support Verdict Of Manslaughter
Criminal Law - Evidence - Matters Relating To Proof - Standard Of Proof - Circumstantial Evidence - Motive
Criminal Law - Appeal And New Trial - Appeal Against Sentence - Grounds For Interference - Sentence Manifestly Excessive Or Inadequate
R
v Gjoni [2012] SASCFC 48
Supreme Court, Court of Criminal Appeal, 2 May 2012
Criminal
Law - Particular Offences - Drug Offences - Sentence - Producing Or Cultivating
- Cannabis
Criminal
Law - Sentence - Sentencing Procedure - Sentencing Statistics, Schedules,
Tariffs, Comparisons, Etc - General Principles
R
v Gold [2012] SADC 57
District Court, Trial by Judge Alone, Clayton DCJ, 3 May 2012
Criminal Law - Particular Offences - Offences Against The Person - Sexual
Offences
R v H, RJ
District Court, Brebner DCJ, 15 March 2012
Criminal Law - Particular Offences - Offences Against The Person - Sexual
Offences - Indecent Assault And Related Offences
R
v Haak [2012] SASCFC 19
Supreme Court, Court of Criminal Appeal, 14 March 2012
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 - Unlawful Sexual Intercourse Or Carnal Knowledge - Evidence
Criminal
Law - Appeal And New Trial - Other Matters
R
v Harding [2012] SADC 40
District Court, Trial by Judge Alone, Smith DCJ, 5 April 2012
Criminal Law
R
v Inglis [2012] SASCFC 12
Supreme Court, Court of Criminal Appeal, 2 March 2012
Criminal
Law - Particular Offences - Driving Offences - Dangerous Driving - Danger To
Public
Criminal Law - Particular Offences - Driving Offences - Procedure - Directions
To Jury
Criminal
Law - Particular Offences - Driving Offences - Culpable Or Dangerous Driving
Causing Death Or Bodily Harm - Causation
R
v Kageregere [2012] SASCFC 17
Supreme Court, Court of Criminal Appeal, 2 March 2012
Criminal Law - Particular
Offences - Offences Against The Person - Homicide - Murder - Intention To Kill
Or Cause Serious Non-Fatal Injury
R
v Kennedy [2012] SASCFC 13
Supreme Court, Court of Criminal Appeal, 2 March 2012
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 - Crown's Conduct At Sentence Hearing
Criminal Law - Sentence - Sentencing Orders - Non-Custodial Orders - Suspended
Sentence Of Imprisonment - General Principles
R
v Koulioubas [2012] SASCFC 49
Supreme Court, Court of Criminal Appeal, 2 May 2012
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 -
Judge Acted On Wrong Principle
Criminal
Law - Appeal And New Trial - Interference With Discretion Or Finding Of Judge -
Failure To Exercise Discretion
R
v Lidster [2012] SASC 51
Supreme Court, Kelly J, 30 March 2012
Criminal
Law - General Matters - Ancillary Liability - Attempt - Particular Offences -
Attempted Murder
Criminal
Law - Particular Offences - Offences Against The Person - Homicide - Murder -
Evidence - Circumstantial Evidence
Criminal
Law - Evidence - Matters Relating To Proof - Standard Of Proof - Circumstantial
Evidence - Reasonable Hypothesis Consistent With Innocence - Generally
R
v Markham [2012] SADC 49
District Court, McIntyre DCJ, 17 April 2012
Criminal
Law - Particular Offences - Offences Against The Person - Sexual Offences
R
v Marshall [2011] SADC 98
District Court, Bampton DCJ, 10 June 2011
Criminal Law - Particular
Offences - Offences Against The Person - Sexual Offences
R
v Moar [2012] SADC 47
District Court, Chivell DCJ, 16 April 2012
Criminal Law - Procedure - Fitness to Plead or be Tried
R
v Moar (No 2) [2012] SADC 48
District Court, Chivell DCJ, 17 April 2012
Criminal Law - Application - Stay of Proceedings
R
v N, RC [2012] SASCFC 37
Supreme Court, Court of Criminal Appeal, 18 April 2012
Criminal
Law - Evidence - Corroboration - Warning Required Or Advisable - Sexual Offences
- Where Substantial Delay In Complaint: Longman Warning
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 - Verdict Unreasonable Or Insupportable Having Regard
To Evidence - Appeal Dismissed
R
v O'Connor [2012] SASCFC 15
Supreme Court, Court of Criminal Appeal, 1 March 2012
Criminal
Law - Particular Offences - Offences Against Decency And Morality - Child
Pornography And Child Exploitation Material Offences - Sentence
Criminal
Law - Appeal And New Trial - Appeal Against Sentence - Appeals By Crown -
Principles Applied By Appellate Court To Crown Appeals
R v Overell [2012]
SADC 52
District Court, Trial by Judge Alone, Rice DCJ, 20 April 2012
Criminal Law - Particular Offences - Property Offences - Arson And Like Offences
R
v Penny [2012] SASCFC 16
Supreme Court, Court of Criminal Appeal, 2 March 2012
Criminal Law - Appeal
And New Trial - Appeal Against Sentence - Grounds For Interference
- Sentence Manifestly Excessive Or Inadequate
Criminal Law - Sentence - Relevant Factors -
Time Spent In Custody
Criminal Law - Sentence - Sentencing Orders - Non-Custodial Orders - Suspended
Sentence Of Imprisonment - General Principles
R
v Piotrowski [2012] SADC 39
District Court, Lovell DCJ, 4 April 2012
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 Steele [2012] SASC 55
Supreme Court, Gray J, 5 April 2012
Criminal Law - Particular Offences - Offences Against The Person - Homicide -
Murder
Criminal Law - Sentence - Sentencing Orders - Custodial Orders - Mental Health,
Hospital Security Orders, Etc
Mental Health - Declaration Or Finding Of Mental Illness Or Incapacity
R
v Tsolomitis
[2012] SADC 12
District Court, Barrett DCJ, 17 February 2012
Criminal Law - Procedure - Verdict
R
v V, AJ [2012] SASCFC 10
Supreme Court, Court of Criminal Appeal, 2 March 2012
Criminal Law -
Appeal And New Trial - Appeal Against Sentence - Appeals By Crown - Principles
Applied By Appellate Court To Crown Appeals
Criminal
Law - Sentence - Relevant Factors -
Response To Charges - Delay Between Offence And Sentence
R
v Walsh [2012] SASCFC 14
Supreme Court, Court of Criminal Appeal, 2 March 2012
Criminal
Law - Appeal And New Trial - Particular Grounds Of Appeal - Inconsistent
Verdicts
R
v Whitehead [2012] SASCFC 30
Supreme Court, Court of Criminal Appeal, 4 April 2012
Criminal
Law - Appeal And New Trial - Verdict Unreasonable Or Insupportable Having Regard
To Evidence - Appeal Dismissed
Criminal
Law - Evidence - Corroboration - Directions To Jury - Adequacy Of Warning - Lies
By Accused
R
v Willingham [2012] SASCFC 29
Supreme Court, Court of Criminal Appeal, 30 March 2012
Criminal
Law - Appeal And New Trial - Appeal Against Acquittal
Criminal Law -
Particular Offences - Drug Offences - Dealing And Distribution Of Drugs -
Trafficking Or Sale And Supply
Statutes - By-Laws And
Regulations - Construction - Particular Words
Criminal Law -
Particular Offences - Drug Offences - Identity Of Prohibited Substances
Criminal Law -
Procedure - Verdict - Alternative Verdicts - Particular Cases
Criminal Law -
Procedure - Information, Indictment Or Presentment - Amendment - Generally
Criminal Law - Appeal
And New Trial - Procedure - Powers Of Court On Appeal - Power To Order New Trial
Or Quash Conviction And Direct Entry Of Verdict Of Acquittal - Where New Trial
Ordered
Words And Phrases
Considered/Defined
R v Winkles [2012] SADC 27
District Court, Trial by Judge Alone, Clayton DCJ, 13 March 2012
Criminal Law - Particular Offences - Offences Against The Person - Sexual
Offences
R
v Wright [2012] SASCFC 45
Supreme Court, Court of Criminal Appeal, 2 May 2012
Criminal Law - Appeal And New Trial - Appeal
Against Sentence - Grounds For Interference
- Sentence Manifestly Excessive Or Inadequate
Criminal Law - Sentence - Relevant Factors
- Totality - Other Particular Cases
Criminal Law - Sentence - Sentencing Orders - Non-Custodial Orders - Suspended
Sentence Of Imprisonment - Breach Of Conditions Of Suspension And Sentence
Following Breach
Criminal
Law - Sentence - Relevant Factors
- Time Spent In Custody
Registrar of Motor
Vehicles v Thiele [2012] SASCFC 51
Supreme Court, Full Court, 4 May 2012
Administrative Law - Judicial Review - Reviewable Decisions And Conduct - Review Of Particular Decisions
Traffic Law - Licensing Of Drivers - South Australia - Disqualification, Cancellation Or Suspension Of Licences
Salia
Property P/L v Commissioner of Highways [2012] SASCFC 33
Supreme Court, Full Court, 17 April 2012
Real
Property - Compulsory Acquisition Of Land - Powers Of Acquisition - Other
Matters
Administrative
Law - Judicial Review - Grounds Of Review - Delegation Of Power
Administrative
Law - Judicial Review - Grounds Of Review - Failure To Observe Statutory
Procedure
Real
Property - Torrens Title - Amendment Or Variation Of Title Record - Powers Of
Court
Words
And Phrases Considered/Defined
Sarret
v Police [2012] SASC 37
Supreme Court, Magistrates Appeals, Vanstone J, 14 March 2012
Criminal Law - Evidence -
Complaints - Admissibility Of Details And Fact Of Complaint
Criminal Law - Evidence - Miscellaneous Matters - Statutory Provisions Relating
To Evidence Of Children
Criminal
Law - Procedure - Course Of Evidence, Statements And Addresses - Addresses -
Generally
Schoolderman
v Police [2012] SASC 57
Supreme Court, Magistrates Appeals, Blue J, 13 April 2012
Criminal
Law - Particular Offences - Offences Against The Person - Assault
Criminal Law - Appeal And New Trial - Interference With Discretion Or Finding Of
Judge
Evidence - Admissibility And Relevancy - Facts Relevant To Facts In Issue - In
General
Criminal
Law - Evidence - Evidentiary Matters Relating To Witnesses And Accused Persons -
Impeachment Of Credit And Admissibility Of Evidence As To Credit - Prior
Inconsistent Statements
Sekisui Rib Loc
Australia P/L v Rocla P/L & anor [2012] SASCFC 21
Supreme Court, Full Court, 15 March 2012
Contracts - General Contractual Principles - Construction And Interpretation Of
Contracts
Contracts - General Contractual Principles - Formation Of Contractual Relations
- Offer - Option For Valuable Consideration Or Under Seal - Exercise Of Option
Equity - General Principles - Mistake - Equitable Remedies - Rectification
Sekisui
Rib Loc Australia P/L v Rocla P/L & anor (No 2) [2012] SASCFC 39
Supreme Court, Full Court, 18 April 2012
Contracts
- General Contractual Principles - Construction And Interpretation Of Contracts
Procedure - Costs - General Rule - Costs Follow The Event
Procedure
- Judgments And Orders - In General
Skalkos & anor v
Gebski & ors (No 2) [2012] SASC 36
Supreme Court, Anderson J, 15 March 2012
Procedure - Costs - General Rule - Costs Follow The Event - Costs Of Issues
State
of SA v Treglown [2012] SASC 47
Supreme Court, Magistrates Appeals, Kourakis J, 30 March 2012
Magistrates
- Appeals And Review - South Australia - Appeal To Supreme Court
Damages
- General Principles - Exemplary, Punitive And Aggravated Damages
Telefind
P/L v Dallwitz Trust P/L & ors [2012] SASC 64
Supreme Court, Gray J, 20 April 2012
Procedure
- Supreme Court Procedure - South Australia - Procedure Under Rules Of Court -
Other Matters Arising Before Trial
Tkachenko
v Police; Tkachenko v Police [2012] SASC 79
Supreme Court, Magistrates Appeals, Gray J, 11 May 2012
Magistrates
- Jurisdiction And Procedure Generally - Procedure - Orders And Convictions -
Particular Orders - Other Orders
Criminal Law - Appeal And New Trial - Appeal Against Conviction Recorded On
Guilty Plea - Particular Cases
Criminal
Law - Appeal And New Trial - Appeal Against Sentence - Other Matters
Tropeano
v Karidis [2012] SADC 29
District Court, Muecke DCJ, 19 March 2012
Defamation
Turner
v Dalton & anor [2012] SADC 67
District Court, Tilmouth DCJ, 17 May 2012
Appeal And New Trial - Appeal - General Principles
Viscariello
v Macks (No 7) [2012] SASC 41
Supreme Court, Lunn J, 16 March 2012
Procedure
Viscariello
v Macks (No 8) [2012] SASC 68
Supreme Court, Lunn J, 27 April 2012
Procedure
Webb
v Schulz [2012] SADC 43
District Court, Cuthbertson DCJ, 13 April 2012
Family Law And Child Welfare - De Facto Relationships
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