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
COLLINS & ANOR v DJUNAEDI & ORS (No 2) [2016] SASCFC 63 Supreme Court - Full Court 23/05/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
BANKRUPTCY - ADMINISTRATION OF PROPERTY - PROOF OF DEBTS - WHAT DEBTS PROVABLE - COSTS

O'DEA v COMMISSIONER OF POLICE [2016] SASCFC 58 Supreme Court - Full Court 19/05/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
STATUTES - ACTS OF PARLIAMENT - OPERATION AND EFFECT OF ACTS - RETROSPECTIVE OPERATION - AMENDING ACTS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND PROVISIONS - STATUTORY DEFINITION PROVISIONS GENERALLY

R v TAYLOR [2016] SASCFC 54 Supreme Court - Court of Criminal Appeal 19/05/2016

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

STEGBAR PTY LTD v PISCIONERI [2016] SADC 47 District Court 29/04/2016

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - NATURE OF RIGHT - SCOPE AND EFFECT OF APPEAL

AMBROSE AS TRUSTEE OF THE BANKRUPT ESTATE OF PETER ATHANASAS v ATHANASAS & ANOR [2016] SASC 63 Supreme Court 20/05/2016

​BANKRUPTCY - ADMINISTRATION OF PROPERTY - REALISATION OF PROPERTY - POWERS OF TRUSTEE TO DEAL WITH PROPERTY
EQUITY - TRUSTS AND TRUSTEES - IMPLIED TRUSTS - RESULTING TRUSTS - REBUTTAL OF IMPLICATION - PRESUMPTION OF ADVANCEMENT
REAL PROPERTY - PARTITION OF LAND - PARTITION OR SALE IN PARTITION ACTION OR SUIT

BRINE & ORS v CARTER [2016] SASCFC 62 Supreme Court - Full Court 20/05/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - HEARING OF APPEAL - PROCEDURE

COLLINS & ANOR v DJUNAEDI & ORS [2016] SASCFC 48 Supreme Court - Full Court 11/05/2016

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

R v HUDSON [2016] SASCFC 60 Supreme Court - Court of Criminal Appeal 19/05/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - IMPORT-EXPORT OFFENCES
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TIME SPENT IN CUSTODY

R v TURNER [2016] SASCFC 61 Supreme Court - Court of Criminal Appeal 18/05/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING MDMA (ECSTASY)
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES

RAGLESS v THE SA FIELD & GAME ASSN SOUTHERN BRANCH INC [2016] SASCFC 64 Supreme Court - Full Court 20/05/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - FURTHER APPEAL TO FULL COURT
ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - POWER TO EXPEL, SUSPEND AND DISQUALIFY

R v FARRER [2016] SADC 49 District Court 17/05/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - MISCELLANEOUS OFFENCES

ADELAIDE CITY COUNCIL v LEPSE (No 2) [2016] SASC 69 Supreme Court - Magistrates Appeals 18/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - COSTS
PROCEDURE - COSTS

ADELAIDE CITY COUNCIL v LEPSE [2016] SASC 66 Supreme Court - Magistrates Appeals 18/05/2016

​TRAFFIC LAW - TRAFFIC REGULATION - RESTRICTIONS ON STOPPING AND PARKING - STOPPING IN PARTICULAR VEHICLES ZONES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - CONVICTION ON EX PARTE HEARING

BROWN v POLICE [2016] SASC 65 Supreme Court - Magistrates Appeals 18/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE - GENERAL PRINCIPLES
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - GENERAL PRINCIPLES
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY

CAVANAGH v DILENA & ANOR [2016] SASC 68 Supreme Court - Magistrates Appeals 18/05/2016

​APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - FINDINGS ON ISSUE OF NEGLIGENCE - GENERALLY
PROCEDURE - PARTIES AND REPRESENTATION - LEGAL REPRESENTATION - GENERALLY
EVIDENCE - ADDUCING EVIDENCE - COURSE OF EVIDENCE - GENERALLY
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - GROUNDS - GENERALLY

PIX v SOUTH AUSTRALIAN HOUSING TRUST [2016] SASCFC 57 Supreme Court - Full Court 17/05/2016

​LANDLORD AND TENANT - TERMINATION OF THE TENANCY - GENERALLY
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

R v BUI [2016] SASCFC 53 Supreme Court - Court of Criminal Appeal 13/05/2016

​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

R v HOWE [2016] SASCFC 56 Supreme Court - Court of Criminal Appeal 13/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - FACTUAL BASIS FOR SENTENCE - ROLE OF GUILTY PLEA OR DEPOSITIONS

R v SUMNER [2016] SASCFC 59 Supreme Court - Court of Criminal Appeal 18/05/2016

​CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - EXERCISE OF DISCRETION - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEALS BY CROWN - PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENCE

R v WILLIAMS [2016] SASC 67 Supreme Court 18/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - FRESH EVIDENCE - GENERAL PRINCIPLES

R v COULTHARD [2016] SASCFC 47 Supreme Court - Court of Criminal Appeal 11/05/2016

​FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OFFENCES AND OTHER MATTERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES

R v MESCHEDE [2016] SASCFC 49 Supreme Court - Full Court 9/05/2016

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - BURGLARY, HOUSEBREAKING AND LIKE OFFENCES - SENTENCE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v ROBINS [2016] SASCFC 55 Supreme Court - Court of Criminal Appeal 13/05/2016

CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-CUSTODIAL ORDERS - SUSPENDED SENTENCE OF IMPRISONMENT - GENERAL PRINCIPLES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS

R v SIVIOUR [2016] SASCFC 51 Supreme Court - Court of Criminal Appeal 11/05/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON

STONE v MOORE [2016] SASCFC 50 Supreme Court - Full Court 11/05/2016

DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION
DEFAMATION - JUSTIFICATION - TRUTH
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - STATEMENTS MADE IN RESPECT OF A DUTY OR INTEREST
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - REBUTTAL OF PRIVILEGE BY MALICE

WALSH v LEGAL PRACTITIONERS CONDUCT BOARD [2016] SASCFC 52 Supreme Court - Full Court 13/05/2016

PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - DUTIES TO COURT - CONDUCT OF TRIAL

ELLIS v CITY OF MARION AND VODAFONE HUTCHISON AUSTRALIA [2016] SAERDC 15 Supreme Court 10/05/2016
JACKSON v LEPP INVESTMENTS PTY LTD [2016] SASC 62 Supreme Court 18/03/2016

​LANDLORD AND TENANT - TERMINATION OF THE TENANCY - GENERALLY
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - NATURE OF RIGHT - SCOPE AND EFFECT OF APPEAL

LESTER & ORS v ANANGUKU ARTS AND CULTURE ABORIGINAL CORPORATION (No 2) [2016] SASC 43 Supreme Court 8/03/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS
ABORIGINALS - HERITAGE PROTECTION - SOUTH AUSTRALIA

LESTER & ORS v ANANGUKU ARTS AND CULTURE ABORIGINAL CORPORATION (No 3) [2016] SASC 59 Supreme Court 26/04/2016

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PLEADINGS
ABORIGINALS - HERITAGE PROTECTION - SOUTH AUSTRALIA

ADELAIDE (SA POOLS & SPA) MANUFACTURING AND INSTALLATION PTY LTD & ORS v WESTCOURT GENERAL INSURANCE BROKERS PTY LTD [2016] SASC 60 Supreme Court 5/05/2016

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

TAYLOR v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SA) INC [2016] SASC 61 Supreme Court - Magistrates Appeals 6/05/2016

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

ISTVAN MOLNAR (DECEASED) [2016] SASC 55 Supreme Court 5/05/2016

LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - TRUSTS AND DECEASED ESTATES
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - GENERALLY - POWER OF COURT TO EXTEND LIMITATION PERIOD
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - ASCERTAINMENT OF TESTATOR'S INTENTION
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - CONSTRUCTION GENERALLY - PRINCIPLES OR RULES OF CONSTRUCTION - WHERE MISTAKE OR MISDESCRIPTION - AS TO PERSON OR OBJECT

R v ROBINSON [2016] SADC 46 District Court 26/04/2016

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

R v AZAPARTI [2016] SASCFC 46 Supreme Court - Court of Criminal Appeal 3/05/2016

​CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - MISCELLANEOUS MATTERS - SOUTH AUSTRALIA - OTHER MATTERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - ABANDONMENT OF APPEAL

R v CLEAVER [2016] SASCFC 43 Supreme Court - Court of Criminal Appeal 22/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - INVOLVING METHYLAMPHETAMINE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

R v KNIGHT [2016] SASCFC 40 Supreme Court - Court of Criminal Appeal 19/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF TRIAL JUDGE

CORRADO v LA STARZA [2016] SADC 45 District Court 26/04/2016

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

IN THE MATTER OF K, JL [2016] SASC 53 Supreme Court 21/04/2016

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - LOSS OR LACK OF CAPACITY AND STATUTORY WILLS

POLICE v STACY [2016] SASC 54 Supreme Court - Magistrates Appeals 22/04/2016

​GAMING AND LIQUOR - LIQUOR - LIQUOR OFFENCES - OTHER MATTERS
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - POINTS AND OBJECTIONS NOT TAKEN BELOW - WHEN NOT ALLOWED TO BE RAISED ON APPEAL - QUESTIONS NOT RAISED ON PLEADINGS OR IN ARGUMENT - GENERALLY
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS - IN GENERAL

R v BAC NAM NGUYEN (No 2) [2016] SADC 44 District Court 28/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - POSSESSION
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

R v JELICIC (REVIEW OF SUPPRESSION ORDERS) [2016] SASC 58 Supreme Court 28/04/2016

​EVIDENCE - MISCELLANEOUS MATTERS - NON-PUBLICATION OF EVIDENCE - PARTICULAR CASES
CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS

R v JOSIPOVIC [2016] SASCFC 44 Supreme Court - Court of Criminal Appeal 22/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - PRODUCING OR CULTIVATING - CANNABIS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - OTHER MATTERS

DE POI v ADVERTISER-NEWS WEEKEND PUBLISHING COMPANY PTY LTD (No 2) [2016] SASCFC 45 Supreme Court - Full Court 27/04/2016

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES
INTEREST - RATE OF INTEREST AND COMPOUND INTEREST - RATE IN OTHER CASES

R v JELICIC [2016] SASC 57 Supreme Court 28/04/2016

CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - VOLUNTARY STATEMENTS - VOLUNTARINESS - PARTICULAR CASES

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - DISCRETION TO EXCLUDE CONFESSIONAL STATEMENTS - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL EVIDENCE - PARTICULAR CASES - OTHER MATTERS

R v ROBERTS [2016] SASCFC 41 Supreme Court - Court of Criminal Appeal 19/04/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - BREACH AND REVOCATION
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - GENERALLY

R v ROGERS [2016] SASCFC 38 Supreme Court - Court of Criminal Appeal 14/04/2016

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - AVAILABILITY OF DEFENCE
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - CONDUCT CAPABLE OF AMOUNTING TO
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - PROVOCATION - EVIDENCE
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT - PARTICULAR OFFENCES - OTHER CASES
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE - APPLICATION OF PROVISO TO PARTICULAR CASES

BLUM v POLICE [2016] SASC 52 Supreme Court - Magistrates Appeals 20/04/2016

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

ROHAN ALEXANDER RUSSELL (DECEASED) [2016] SASC 56 Supreme Court 22/04/2016

​SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - NO REASONABLE DOUBT MAKER INTENDED DOCUMENT AS WILL

MARAS v LESSES [2016] SADC 40 District Court 21/04/2016

DEFAMATION - ACTIONS FOR DEFAMATION - TRIAL
DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION
DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE
DEFAMATION - JUSTIFICATION

DEFAMATION - OTHER DEFENCES

DEFAMATION - DAMAGES

MCMURRAY v COMMISSIONER FOR CONSUMER AFFAIRS [2016] SADC 41 District Court 22/04/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY

PEPPER v REGISTRAR OF FIREARMS [2016] SADC 38 District Court 15/04/2016

FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - OTHER MATTERS

WILCZYNSKI & ANOR v DISTRICT COURT OF SOUTH AUSTRALIA & ORS [2016] SASC 51 Supreme Court 20/04/2016

ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS

R v DE IESO [2016] SADC 43 District Court 21/04/2016

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

LEGAL PROFESSION CONDUCT COMMISSIONER v RICHARDSON [2016] SASCFC 42 Supreme Court - Full Court 20/04/2016

​PROCEDURE - INFERIOR COURTS - SOUTH AUSTRALIA - OTHER COURTS AND TRIBUNALS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT

MORGAN v WORKCOVER CORPORATION (No 2) [2016] SADC 42 District Court 19/04/2016

​ESTOPPEL - ESTOPPEL BY JUDGMENT - ISSUE ESTOPPEL - GENERAL PRINCIPLES

BENDIGO AND ADELAIDE BANK LIMITED & ANOR. v LING [2016] SADC 34 District Court 8/04/2016

​EQUITY - GENERAL PRINCIPLES - EQUITABLE ASSIGNMENTS

LEDGARD v POLICE [2016] SASC 48 Supreme Court - Magistrates Appeals 15/04/2016

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - POWERS OF COURT - REMISSION FOR REHEARING
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - EXCEEDING PRESCRIBED SPEED LIMITS

TENNEY v MATTHEWS & ORS [2016] SASC 34 Supreme Court 10/03/2016

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

BARNES v SOLIMAN [2016] SADC 39 District Court 18/04/2016

​PROCEDURE - COURTS AND JUDGES GENERALLY - COURTS
PROCEDURE - DISCOVERY AND INTERROGATORIES - DISCOVERY AND INSPECTION OF DOCUMENTS - DISCOVERY OF DOCUMENTS

HICKS v HICKS [2016] SASC 50 Supreme Court 14/04/2016

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

ATTORNEY-GENERAL v GROSSER [2016] SASC 49 Supreme Court 14/04/2016

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS - DISCHARGING FIREARMS
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS

CURTIS v HALLETT COVE MANAGER PTY LTD [2016] SASC 47 Supreme Court - Magistrates Appeals 6/04/2016

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

 

R v G, DA [2016] SADC 36 District Court 11/04/2016

CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY

R v KNOOTE-PARKE [2016] SASCFC 37 Supreme Court - Court of Criminal Appeal 6/04/2016

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - NATURE AND CIRCUMSTANCES OF OFFENDER - GOOD CHARACTER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - UNLAWFUL SEXUAL INTERCOURSE OR CARNAL KNOWLEDGE

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA; MCDONALD & ORS v MINISTER FOR EDUCATION AND CHILD DEVELOPMENT & ORS [2016] SASCFC 39 Supreme Court - Full Court 13/04/2016

​PROFESSIONS AND TRADES - LAWYERS - DUTIES AND LIABILITIES - GENERALLY

R v T & H [2016] SADC 32 District Court 7/04/2016

​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 SIMPSON, WARRIOR & AUSTIN [2016] SADC 33 District Court 5/04/2016

​CRIMINAL LAW

CRAIG v CRAIG & ANOR (No 3) [2016] SADC 37 District Court 11/04/2016

​PROCEDURE - COSTS

GOLDUS PTY LTD v AUSTRALIAN MINING PTY LTD & ANOR (No 2) [2016] SASCFC 35 Supreme Court - Full Court 1/04/2016

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

JACKSON & ANOR v ABRAM & ANOR (NO 2) [2016] SASCFC 36 Supreme Court - Full Court 5/04/2016

​PROCEDURE - COSTS - DEPARTING FROM THE GENERAL RULE - OTHER CASES - SUBSTANTIAL SUCCESS

M,H AND ORS v CHILDREN, YOUTH AND WOMEN'S HEALTH SERVICE INCORPORATED AND ANOR [2016] SADC 35 District Court 5/04/2016

​PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS

R v KOTZ [2016] SASC 45 Supreme Court 4/03/2016

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

R v MACKAY [2016] SASC 44 Supreme Court 4/03/2016

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

R v NGUYEN [2016] SADC 30 District Court 4/04/2016

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

STONE & ANOR v CHAPPEL & ANOR [2016] SASC 32 Supreme Court 4/03/2016

​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 TORT - MEASURE OF DAMAGES

R v SCHUSTER [2016] SASC 46 Supreme Court 1/04/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS - RELEASE ON LICENCE

ADELAIDE PROFESSIONAL BUILDING SOLUTIONS PTY LTD v USHER [2016] SADC 31 District Court 11/03/2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - JUDICIAL REVIEW

CHANDLER v POLICE [2016] SASC 42 Supreme Court - Magistrates Appeals 31/03/2016

MAGISTRATES - JURISDICTION AND PROCEDURE GENERALLY - PROCEDURE - ORDERS AND CONVICTIONS - SETTING ASIDE AND AMENDMENT - CONVICTIONS - SETTING ASIDE AND REVOCATION
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT

POLICE v G, DM [2016] SASC 39 Supreme Court - Magistrates Appeals 21/03/2016

​CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - USE OF FORCE TO PUNISH OR CORRECT
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - CONDUCT

 

R v SCHLOITHE [2016] SASCFC 13 Supreme Court - Court of Criminal Appeal 22/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST PEACE AND PUBLIC ORDER - OFFENSIVE WEAPONS - FIREARMS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - RESPONSE TO CHARGES - PLEA OF GUILTY
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 - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

 

ROBERT EDMONDS (DECEASED) [2016] SASC 41 Supreme Court 24/03/2016

SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - LIMITED, SPECIAL AND CONDITIONAL GRANTS OF PROBATE AND ADMINISTRATION - PROBATE OF LOST WILL
SUCCESSION - MAKING OF A WILL - REVOCATION  - METHODS OF REVOCATION - DESTRUCTION OR MUTILATION, OR STRIKING OUT PORTIONS - PRESUMPTION OF DESTRUCTION OF LOST WILL INTENDED TO BE REVOKED - REBUTTAL OF PRESUMPTION

BRINE v CARTER (No 2) [2016] SASC 37 Supreme Court 16/03/2016

PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - WHERE MONEY PAID INTO COURT OR OFFER OF COMPROMISE MADE
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - PAYMENT INTO COURT, AND OFFERS TO SETTLE OR CONSENT TO JUDGMENT
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ISSUES

R v GREEN [2016] SADC 29 District Court 31/03/2016

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

R v PALMER [2016] SASCFC 34 Supreme Court - Court of Criminal Appeal 24/03/2016

CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS
CRIMINAL LAW - SENTENCE - PURPOSE OF SENTENCE - GENERALLY
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - PARTICULAR CASES

A, DC v PRINCE ALFRED COLLEGE INC (No 2) [2016] SASCFC 27 Supreme Court - Full Court 24/03/2016

​APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS
PROCEDURE - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF WHOLE ACTION - GENERALLY

R v MANUELA [2016] SADC 27 District Court 24/03/2016

​CRIMINAL LAW - PARTICULAR OFFENCES