| 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))
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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
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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
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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
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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
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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
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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
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PAPPS (DECEASED) [2017] SASC 117 |
Supreme Court |
9/08/2017 |
SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION - MATTERS RELATING TO BENEFICIARIES - PRESUMPTION OF DEATH AND SURVIVORSHIP
|
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|
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
|
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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
|
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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
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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
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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
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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
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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
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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
|
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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
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R v SIEBERT [2017] SADC 82 |
District Court |
3/08/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
|
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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 |
|
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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
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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
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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
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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
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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
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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
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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
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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
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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
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R v EVANGELOU [2017] SADC 76 |
District Court |
12/07/2017 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING |
|
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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
|
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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
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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
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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
|
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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
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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
|
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|
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
|
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|
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
|
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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
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|
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
|
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|
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
|
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|
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
|
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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
|
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|
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
|
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|
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
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|
R v PERRE [2017] SASC 102 |
Supreme Court |
5/07/2017 |
CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL
|
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|
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
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|
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
|
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|
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
|
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|
AFIC SCHOOLS (SA) LTD (ADMINISTRATOR APPOINTED) [2017] SASC 97 |
Supreme Court |
30/06/2017 |
CORPORATIONS - WINDING UP - APPLICATIONS FOR WINDING UP BY COURT - GENERALLY |
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BROWN v CARUSO CONSTRUCTION COMPANY P/L [2017] SADC 74 |
District Court |
17/02/2017 |
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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
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R v F, C [2017] SADC 71 |
District Court |
4/07/2017 |
CRIMINAL LAW - PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - JOINT OR SEPARATE TRIAL
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ROUMELIOTIS v ABDEKEREM [2017] SADC 75 |
District Court |
10/02/2017 |
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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 |
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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
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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
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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
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JOHNSTON v ALDRIDGE [2017] SADC 70 |
District Court |
30/06/2017 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS
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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
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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
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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
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QBE INSURANCE (AUSTRALIA) LTD v BROWN & ORS [2017] SADC 66 |
District Court |
28/06/2017 |
PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - DISTRICT COURT
INSURANCE - GENERAL |
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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
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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 |
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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
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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
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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
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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
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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
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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
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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
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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
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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 |
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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
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