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
DE POI v ADVERTISER-NEWS WEEKEND PUBLISHING COMPANY PTY LTD [2015] SADC 21 District Court 26/02/2015

DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION - PARTICULAR STATEMENTS - IMPUTATION

PAULL v POLICE [2015] SASC 25 Supreme Court - Magistrates Appeals 25/02/2015

MAGISTRATES - ORDERS AND CONVICTIONS - SENTENCE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - FAILURE TO EXERCISE DISCRETION
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SINGLE SENTENCE FOR MULTIPLE OFFENCES

POLICE v CAMPBELL [2015] SASC 27 Supreme Court - Magistrates Appeals 25/02/2015

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES
TRAFFIC LAW - LICENSING OF DRIVERS - SOUTH AUSTRALIA - DISQUALIFICATION, CANCELLATION OR SUSPENSION OF LICENCES

R v ARNOLD [2015] SASCFC 13 Supreme Court - Court of Criminal Appeal 16/02/2015

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM  - SOUTH AUSTRALIA - GENERALLY

R v COTTON [2015] SASCFC 17 Supreme Court - Court of Criminal Appeal 20/02/2015

CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT - GENERALLY
CRIMINAL LAW - PROCEDURE - TRIAL HAD BEFORE JUDGE WITHOUT JURY - GENERALLY
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - PARTICULAR GROUNDS - MISCELLANEOUS GROUNDS ON WHICH NEW TRIAL GRANTED OR REFUSED

SA POLICE v SILVESTRI [2015] SASCFC 14 Supreme Court - Court of Criminal Appeal 16/02/2015

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  - OTHER MATTERS
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT

SHARRAD v POLICE [2015] SASC 26 Supreme Court - Magistrates Appeals 25/02/2015

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ASSAULT

MCDONALD & ANOR v STATE OF SOUTH AUSTRALIA [2015] SASCFC 15 Supreme Court - Full Court 24/02/2015

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

DUFF v POLICE [2015] SASC 24 Supreme Court 24/02/2015

CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - THEFT - SENTENCE
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  - NATURE AND CIRCUMSTANCES OF OFFENCE - GRAVITY OF OFFENCE
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL

MARKSMAN TRAINING SYSTEMS PTY LTD v THE REGISTRAR OF FIREARMS (No 3) [2015] SADC 16 District Court 20/02/2015

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

MATTHEWS v THE TAP INN P/L [2015] SADC 20 District Court 11/02/2015

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - OTHER MATTERS

THE CORPORATION OF THE CITY OF ADELAIDE v CIRCELLI [2015] SASC 21 Supreme Court 20/02/2015

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - FROM INTERLOCUTORY DECISIONS - LEAVE TO APPEAL
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - STAY OF PROCEEDINGS
ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION - SOUTH AUSTRALIA - ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT AND ITS PREDECESSORS - SUMMARY OFFENCES JURISDICTION

BURTON v GROCKE & ORS (No 2) [2015] SADC 15 District Court 20/02/2015

PROCEDURE - COSTS - RECOVERY OF COSTS

R v PALLIN [2015] SASC 22 Supreme Court 23/02/2015

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - KNOWLEDGE AND UNDERSTANDING

CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT - DISEASE OF THE MIND, MENTAL DISEASE OR MENTAL INFIRMITY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER

ARGUS GROUP PTY LTD v LITIGATION LENDING SERVICES LTD (No 2) [2015] SASC 20 Supreme Court 19/02/2015

CORPORATIONS - LEGAL CAPACITY AND RELATIONS WITH OUTSIDERS - EXTERNAL LITIGATION PROCEDURE - APPEARANCE IN COURT BY COMPANY AND REPRESENTATION
CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER

 

R v HYLAND [2015] SASCFC 16 Supreme Court - Court of Criminal Appeal 18/02/2015

CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF SUMMING UP AS A WHOLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - EFFECT OF MISDIRECTION OR NON-DIRECTION
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE - PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE - MISDIRECTION OR NON-DIRECTION

HARRISON v CITY OF MOUNT GAMBIER (LOCAL GOVERNMENT AUTHORITY) [2015] SASC 19 Supreme Court - Magistrates Appeals 17/02/2015

​LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - FINANCE - FEES AND CHARGES
MAGISTRATES - HEARING - PROCEDURAL FAIRNESS AND NATURAL JUSTICE
MAGISTRATES - JURISDICTION - GENERAL MATTERS - GENERALLY

R v DWYER [2015] SASCFC 12 Supreme Court - Court of Criminal Appeal 16/02/2015

​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 - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION

DOCKING v SCHWARZKOPF [2015] SASC 18 Supreme Court 13/02/2015

​SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - GENERALLY
SUCCESSION - MAKING OF A WILL - TESTAMENTARY CAPACITY - SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING - GENERALLY
SUCCESSION - MAKING OF A WILL - EXECUTION - GENERALLY

PETER CHARLES CORNFORD (DECEASED) [2015] SASC 15 Supreme Court 28/01/2015

​SUCCESSION - ADMINISTRATION OF ESTATE - ASSETS
SUCCESSION - ADMINISTRATION OF ESTATE - DISTRIBUTION

WHITROW v POLICE [2015] SASC 17 Supreme Court - Magistrates Appeals 16/02/2015

​TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - ALCOHOL AND DRUG RELATED OFFENCES - SOUTH AUSTRALIA - DRIVING WITH PRESCRIBED CONCENTRATION OF ALCOHOL IN BLOOD - SENTENCE AND PENALTY

COMMERCIAL & GENERAL LAW (SA) PTY LTD v LAW SOCIETY OF SOUTH AUSTRALIA [2015] SASC 16 Supreme Court 11/02/2015

​PROFESSIONS AND TRADES - LAWYERS - TRUST ACCOUNTS - INVESTIGATION OF ACCOUNTS
PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES - CANCELLATION AND SUSPENSION
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT - TRUST MONEY

A, DC v PRINCE ALFRED COLLEGE INCORPORATED [2015] SASC 12 Supreme Court 4/02/2015

​EMPLOYMENT LAW - RIGHTS AND LIABILITIES AS BETWEEN EMPLOYER AND THIRD PARTIES - LIABILITIES OF EMPLOYER - FOR TORTS OF EMPLOYEE - ACT IN COURSE OF EMPLOYMENT AND WITHIN SCOPE OF AUTHORITY - PARTICULAR CASES
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - SCHOOLS
LIMITATION OF ACTIONS - EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS - EXTENSION OF TIME IN PERSONAL INJURIES MATTERS - GENERALLY

KYAW NYUNT (DECEASED) [2015] SASC 14 Supreme Court 10/02/2015

​SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF ADMINISTRATION GENERALLY - TO WHOM GRANTED AND WHEN NECESSARY GENERALLY  - SOUTH AUSTRALIA
SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - TESTAMENTARY CHARACTER - GENERALLY

LEGAL PROFESSION CONDUCT COMMISSIONER v ALDERMAN [2015] SASCFC 11 Supreme Court - Full Court 10/02/2015

​PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN COURT
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - DISCIPLINARY PROCEEDINGS - SOUTH AUSTRALIA - PROCEEDINGS IN TRIBUNALS
PROFESSIONS AND TRADES - LAWYERS - COMPLAINTS AND DISCIPLINE - PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT - GENERALLY
PROFESSIONS AND TRADES - LAWYERS - PRACTISING CERTIFICATES - OTHER MATTERS

R v MCCARTHY [2015] SASC 11 Supreme Court 3/02/2015

​CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ADMINISTERING CAUTION - GENERALLY

R v MOORE [2015] SASCFC 9 Supreme Court - Court of Criminal Appeal 6/02/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - SENTENCE - RELEVANT FACTORS  - TOTALITY - GENERAL PRINCIPLES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS

R v WAKEFIELD [2015] SASCFC 10 Supreme Court - Court of Criminal Appeal 6/02/2015

​CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - APPROACH TO SENTENCING PROCESS - SENTENCING METHODS
CRIMINAL LAW - PROCEDURE - PLEAS - GENERAL PLEAS - PLEA OF GUILTY - EFFECT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

SUTHERLAND v MINISTER FOR AGRICULTURE, FOOD & FISHERIES [2015] SADC 8 District Court 6/02/2015

​ADMINISTRATIVE LAW

R v EARLEY [2014] SASC 202 Supreme Court 24/02/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - SENTENCE: PARTICULAR CASES - MINIMUM TERM, NON-PAROLE PERIOD
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 - DISCRETION TO REFRAIN FROM FIXING

R v NGUYEN [2015] SASCFC 7 Supreme Court - Court of Criminal Appeal 6/02/2015

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

R v ZAPPAVIGNA [2015] SASCFC 8 Supreme Court - Court of Criminal Appeal 6/02/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - OTHER OFFENCES
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - GENERALLY
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - ADMISSIBILITY AND RELEVANCY - PROPENSITY EVIDENCE - EVIDENCE OF UNCHARGED ACTS
CRIMINAL LAW - EVIDENCE - PROPENSITY, TENDENCY AND CO-INCIDENCE  - DIRECTIONS TO JURY

ROBERTSON v POLICE [2015] SASC 13 Supreme Court - Magistrates Appeals 6/02/2015

​MAGISTRATES - ORDERS AND CONVICTIONS - DISMISSAL, CONDITIONAL DISCHARGE OR CONVICTION WITHOUT PENALTY FOR TRIVIAL OFFENCES OR EXTENUATING CIRCUMSTANCES - RELEVANT CONSIDERATIONS - TRIVIAL NATURE OF OFFENCE
MAGISTRATES - HEARING - EVIDENCE - ORAL EVIDENCE
TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - NOT GIVING WAY - NOT GIVING WAY AT UNSIGNED INTERSECTION

SMITH v REGIONAL DEVELOPMENT AUSTRALIA MURRAYLANDS & RIVERLAND INC [2015] SADC 11 District Court 11/11/2014

​CONTRACTS

COMMISSIONER FOR CONSUMER AFFAIRS v SOMMARIVA [2015] SADC 10 District Court 4/02/2015

​ADMINISTRATIVE LAW

DEPUTY COMMISSIONER FOR CONSUMER AFFAIRS v PAJO PROJECTS PTY LTD (ACN 158 823 119) & SOMMARIVA [2015] SADC 9 District Court 4/02/2015

​ADMINISTRATIVE LAW

F, MA v POLICE [2015] SASC 10 Supreme Court - Magistrates Appeals 3/02/2015

​MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - SENTENCE - SENTENCING OF JUVENILES

R v LANDMETER [2015] SASCFC 3 Supreme Court - Court of Criminal Appeal 4/02/2015

​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
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - MAINTAINING UNLAWFUL RELATIONSHIP WITH CHILD

KIRKHAM v INDUSTRIAL RELATIONS COMMISSION & ANOR [2015] SASCFC 1 Supreme Court - Full Court 22/01/2015

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - FAILURE TO OBSERVE STATUTORY PROCEDURE
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - JURISDICTIONAL MATTERS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS

LANDMARK OPERATIONS LTD v TEMARU HOLDINGS PTY LTD AND ANOR (NO 3) [2015] SADC 6 District Court 30/01/2015

​PROCEDURE - COSTS

FERDINANDS v COMMISSIONER OF CONSUMER AFFAIRS [2014] SASC 200 Supreme Court 19/12/2014

PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - IN GENERAL AND PRELIMINARY MATTERS

SCHULLER v S J WEBB NOMINEES PTY LTD [2015] SASC 8 Supreme Court 29/01/2015

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

WILDEN (DECEASED) [2015] SASC 9 Supreme Court 30/01/2015

SUCCESSION - MAKING OF A WILL - TESTAMENTARY INSTRUMENTS  - TESTAMENTARY CHARACTER - PARTICULAR DOCUMENTS
SUCCESSION - MAKING OF A WILL - EXECUTION - INFORMAL DOCUMENT INTENDED TO BE WILL - MEANING OF “DOCUMENT”
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION - TO WHOM PROBATE GRANTED - EXECUTORS ACCORDING TO TENOR - PERSONS CHARGED WITH EXECUTORIAL DUTIES

KIRKHAM v TASSONE [2015] SASC 6 Supreme Court 22/01/2015

PROCEDURE - COSTS - SECURITY FOR COSTS

VISCARIELLO v LEGAL PROFESSION CONDUCT COMMISSIONER [2015] SASC 4 Supreme Court 27/01/2015

PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS

B & P FALCINELLA PTY LTD AND ANOR v HAMILTON AND ANOR [2015] SASCFC 5 Supreme Court - Full Court 22/01/2015

​PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - AMENDMENT
LIMITATION OF ACTIONS - GENERAL MATTERS - AMENDMENT OF ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD - AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR PARTICULARISING CAUSE OF ACTION

KASEWIETER v GALLIGAN [2015] SASC 5 Supreme Court 27/01/2015

​REAL PROPERTY - PARTITION OF LAND - PARTITION OR SALE IN PARTITION ACTION OR SUIT
FAMILY LAW AND CHILD WELFARE - DE FACTO AND OTHER RELATIONSHIPS UNDER STATE LEGISLATION - ADJUSTMENT OF PROPERTY INTERESTS - APPLICATIONS

MARKSMAN TRAINING SYSTEMS PTY LTD v THE REGISTRAR OF FIREARMS (No 2) [2015] SADC 5 District Court 22/01/2015

​FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS - LICENCES - ISSUE OF AND GENERALLY

RIDGWAY v SPORTING SHOOTERS' ASSOCIATION OF AUSTRALIA HUNTING & CONSERVATION BRANCH (SA) INC [2015] SASC 7 Supreme Court 28/01/2015

​ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - EXERCISE OF POWERS OF EXPULSION - BIAS
ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - EXERCISE OF POWERS OF EXPULSION - DENIAL OF NATURAL JUSTICE GENERALLY
ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - GROUNDS FOR EXPULSION
ASSOCIATIONS AND CLUBS - EXPULSION, SUSPENSION AND DISQUALIFICATION - REMEDIES FOR WRONGFUL EXERCISE OF POWER

FLINDERS PORTS PTY LTD v WOOLFORD [2015] SASCFC 6 Supreme Court - Full Court 22/01/2015

​INDUSTRIAL LAW - SOUTH AUSTRALIA - REGULATION OF PARTICULAR MATTERS UNDER PARTICULAR LEGISLATION - LONG SERVICE LEAVE - ENTITLEMENT TO LEAVE - CONTINUITY OF SERVICE
INDUSTRIAL LAW - SOUTH AUSTRALIA - REGULATION OF PARTICULAR MATTERS UNDER PARTICULAR LEGISLATION - LONG SERVICE LEAVE - PAYMENT IN LIEU OF LONG SERVICE LEAVE - GENERALLY
APPEAL AND NEW TRIAL - NEW TRIAL - IN GENERAL AND PARTICULAR GROUNDS - IN GENERAL

H, DB v COMMISSIONER OF POLICE [2015] SASC 2 Supreme Court 22/01/2015

​CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INCEST
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - REGISTRATION, REPORTING AND LIKE MATTERS

R v VIOLI [2015] SASCFC 2 Supreme Court - Court of Criminal Appeal 22/01/2015

​CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE  - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - AGGRAVATING CIRCUMSTANCES
CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES

SOUTH AUSTRALIAN HOUSING TRUST v POPCZYNSKI; SOUTH AUSTRALIAN HOUSING TRUST v PAWELZIK [2015] SASCFC 4 Supreme Court - Full Court 22/01/2015

​LANDLORD AND TENANT - RESIDENTIAL TENANCIES LEGISLATION - GENERALLY

SHAW v BHP BILLITON LTD [2015] SADC 3 District Court 21/01/2015

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE

ECHUNGA FOOTBALL CLUB INC v HILLS FOOTBALL LEAGUE INC [2014] SASC 201 Supreme Court 22/12/2014

​ASSOCIATIONS AND CLUBS - INCORPORATED ASSOCIATIONS
INTERPRETATION - GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS - GENERAL MATTERS
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - DECLARATIONS - APPROPRIATE FORM OF RELIEF - DISCRETION OF COURT
EQUITY - EQUITABLE REMEDIES - INJUNCTIONS - INJUNCTIONS FOR PARTICULAR PURPOSES

MEJAC GROUP PTY LTD v FOSHAN QIKANG IMPORT & EXPORT CO LTD [2015] SASC 3 Supreme Court - Magistrates Appeals 20/01/2015

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

BENDIGO & ADELAIDE BANK LTD v CHARATSIS [2015] SADC 1 District Court 13/01/2015
GARWOLI v GARWOLI [2015] SASC 1 Supreme Court 14/01/2015

REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - EXTENSION

SQUIRE & SQUIRE v SOUTH AUSTRALIAN HOUSING TRUST [2015] SADC 2 District Court 16/01/2015

LANDLORD AND TENANT - TERMINATION OF THE TENANCY

ACQUISTA INVESTMENTS PTY LTD & ANOR v THE URBAN RENEWAL AUTHORITY & ORS [2014] SASC 206 Supreme Court 24/12/2014

​ADMINISTRATIVE LAW - JUDICIAL REVIEW - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - REVIEWABLE DECISIONS AND CONDUCT
ADMINISTRATIVE LAW - JUDICIAL REVIEW - STANDING TO INSTITUTE PROCEEDINGS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - DELEGATION OF POWER
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - IRRELEVANT CONSIDERATIONS

VISCARIELLO v MACKS [2014] SASC 189 Supreme Court 9/12/2014

​CORPORATIONS - VOLUNTARY ADMINISTRATION - ADMINISTRATOR - FUNCTIONS, POWERS, RIGHTS AND LIABILITIES GENERALLY

CORPORATIONS - MEMBERSHIP, RIGHTS AND REMEDIES - MEMBERS' REMEDIES AND INTERNAL DISPUTES - PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - FIDUCIARY AND RELATED STATUTORY DUTIES - OF CARE, SKILL AND DILIGENCE
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - PROFESSIONAL PERSONS

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

CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - OFFICERS OF INSOLVENT CORPORATIONS - GENERALLY
CORPORATIONS - MANAGEMENT AND ADMINISTRATION - DUTIES AND LIABILITIES OF OFFICERS OF CORPORATION - OFFENCES - CONTRAVENTION OF PROVISIONS OF ACT
CORPORATIONS - WINDING UP - LIQUIDATORS - SUPERVISION OF LIQUIDATORS
CORPORATIONS - WINDING UP - LIQUIDATORS - REMOVAL - IN VOLUNTARY WINDING UP - GROUNDS
CORPORATIONS - WINDING UP - LIQUIDATORS - DUTIES AND LIABILITIES - IN VOLUNTARY WINDING UP