Attachments |
Title |
Court |
Date |
Digest Heading |
|
KIRSTEN v MILLER [2020] SASCFC 129 |
Supreme Court - Full Court |
24/12/2020 |
SUCCESSION - PROBATE AND LETTERS OF ADMINISTRATION - PROCEDURE
SUCCESSION - CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS - PARTICULAR TESTAMENTARY DISPOSITIONS - CONDITIONS AND GIFTS OVER - DISPUTING WILL OR BRINGING ACTION AGAINST EXECUTOR OR TRUSTEE
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT
|
|
R v FRESIELLO [2020] SASCFC 127 |
Supreme Court - Court of Criminal Appeal |
23/12/2020 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING
CRIMINAL LAW - APPEAL AND NEW TRIAL - OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW
|
|
AMACA PTY LTD v WERFEL [2020] SASCFC 125 |
Supreme Court - Full Court |
21/12/2020 |
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - REASONABLE FORESEEABILITY OF DAMAGE - PARTICULAR CASES - DANGEROUS THINGS OR SUBSTANCES
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT - FUNCTIONS OF APPELLATE COURT - FINDINGS ON ISSUE OF NEGLIGENCE - GENERALLY
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
|
|
FUTURE INVESTMENTS FAMILY TRUST v ADAMS [2020] SADC 179 |
District Court |
23/12/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA |
|
R v MESCHEDE [2020] SADC 177 |
District Court |
23/12/2020 |
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - ROBBERY - AGGRAVATION |
|
STEWART v PALADIN AUS PTY LTD (ACN 144 000 573) & ORS [2020] SASC 244 |
Supreme Court |
23/12/2020 |
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - PARTIES - GENERALLY
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - PLEADINGS - STRIKING OUT - OTHER CASES AND MATTERS
|
|
THE STATE OF SOUTH AUSTRALIA v CROSSLEY [2020] SASCFC 128 |
Supreme Court - Full Court |
23/12/2020 |
TORTS - TRESPASS - TRESPASS TO THE PERSON - WHAT CONSTITUTES AND DEFENCES THERETO
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH DISCRETION OF COURT BELOW - IN GENERAL - OTHER MATTERS
|
|
WALFORD ANGLICAN SCHOOL FOR GIRLS INCORPORATED v ROMALDI CONSTRUCTIONS PTY LTD & ANOR (NO 2) [2020] SADC 176 |
District Court |
22/12/2020 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS |
|
WILSON PASTORAL INTERNATIONAL PTY LTD v GEORGE STREET STEEL PTY LTD (No 2) [2020] SASCFC 126 |
Supreme Court - Full Court |
22/12/2020 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JUDGMENTS AND ORDERS - AMENDING, VARYING AND SETTING ASIDE JUDGMENTS AND ORDERS
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - JOINDER OF CAUSES OF ACTION AND OF PARTIES - PARTIES
|
|
GADD & ORS v NEW WAVE AEROSPACE PTY LTD (No 2) [2020] SADC 166 |
District Court |
27/11/2020 |
ARBITRATION - COSTS - ARBITRATOR'S FEES PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS - PARTIES AND NON-PARTIES - NON-PARTIES GENERALLY - DIRECTOR OF COMPANY |
|
R v M, R B [2020] SADC 173 |
District Court |
18/12/2020 |
|
|
WARNE v THE QUEEN [2020] SASCFC 124 |
Supreme Court - Court of Criminal Appeal |
21/12/2020 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - SENTENCING FOLLOWING RETRIAL OR REMITTAL
|
|
CREA v BEDROCK CONSTRUCTION AND DEVELOPMENT PTY LTD; BEDROCK CONSTRUCTION AND DEVELOPMENT PTY LTD v CREA & ANOR [2020] SADC 169 |
District Court |
4/12/2020 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS
INTEREST
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - THE CONTRACT - CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS - VARIATIONS
|
|
HOMSI v THE QUEEN [2020] SASC 242 |
Supreme Court |
8/12/2020 |
CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL |
|
KHOO & ANOR v BARTHOLOMAEUS [2020] SASCFC 122 |
Supreme Court - Full Court |
16/12/2020 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT |
|
PAUES & ORS v BATTUNGA COUNTRY LIONS CLUB [2020] SADC 162 |
District Court |
20/11/2020 |
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES |
|
BELL v THE QUEEN; R v BELL; INDEPENDENT COMMISSIONER AGAINST CORRUPTION v BELL [2020] SASCFC 116 |
Supreme Court - Court of Criminal Appeal |
3/12/2020 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - PROCEDURE - POWER TO BRING APPEAL - FROM INTERLOCUTORY OR ANTECEDENT JUDGMENT OR ORDER
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - DECLARATIONS - CRIMINAL PROCEEDINGS - GENERALLY
|
|
BILACZENKO v POLICE [2020] SASCFC 121 |
Supreme Court - Court of Criminal Appeal |
11/12/2020 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - FROM SUPREME COURT - BY LEAVE OF COURT - GENERALLY
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL
|
|
KARALL v POLICE [2020] SASC 241 |
Supreme Court |
18/12/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
|
|
MATTHEWS v QASEMY [2020] SADC 175 |
District Court |
18/12/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA
CORPORATIONS - WINDING UP - CONDUCT AND INCIDENTS OF WINDING UP - EFFECT OF WINDING UP ON OTHER TRANSACTIONS - PREFERENCES
|
|
MCLACHLAN & SOUTH OZZ SHELTER (CHARITY LICENCE NO CCP3261) AN INCORPORATED CHARITABLE INSTITUTION v HAMILTON [2020] SASCFC 123 |
Supreme Court - Full Court |
17/12/2020 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT |
|
PIPER v FRASER & ORS [2020] SASC 239 |
Supreme Court |
17/12/2020 |
SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - DUTY OF TESTATOR - DUTY TO CHILDREN
SUCCESSION - FAMILY PROVISION - REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE - WHETHER APPLICANT LEFT WITH INSUFFICIENT PROVISION - CLAIMS BY CHILDREN
EQUITY - TRUSTS AND TRUSTEES - APPOINTMENT, REMOVAL AND ESTATE OF TRUSTEES - APPOINTMENT OF NEW TRUSTEES - BY THE COURT
|
|
WEBER v POLICE [2020] SASC 240 |
Supreme Court |
18/12/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PROCEDURE - TIME FOR APPEAL AND EXTENSION
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA
|
|
IRONWILL EARTHMOVING PTY LTD v ALLBUT & ANOR [2020] SADC 172 |
District Court |
14/12/2020 |
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH - REPUDIATION AND NON-PERFORMANCE - REPUDIATION
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - FORMATION OF CONTRACTUAL RELATIONS - AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT - WHERE CONCLUDED CONTRACT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - EXEMPTION CLAUSES
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR BREACH OF CONTRACT - REMOTENESS - LOSS OF PROFITS
DAMAGES - GENERAL PRINCIPLES - MITIGATION OF DAMAGES
|
|
LANE v MURUGESAN [2020] SADC 174 |
District Court |
14/12/2020 |
LANDLORD AND TENANT - TERMINATION OF THE TENANCY |
|
CONSOLIDATED MINING & CIVIL PTY LTD v COMMISSIONER OF STATE TAXATION [2020] SASC 233 |
Supreme Court |
7/12/2020 |
TAXES AND DUTIES - STAMP DUTIES - APPEAL, CASE STATED ETC - SOUTH AUSTRALIA
TAXES AND DUTIES - STAMP DUTIES - EXEMPTIONS
|
|
CONSOLIDATED MINING & CIVIL PTY LTD v COMMISSIONER OF STATE TAXATION [2020] SASC 233 |
Supreme Court |
7/12/2020 |
TAXES AND DUTIES - STAMP DUTIES - APPEAL, CASE STATED ETC - SOUTH AUSTRALIA
TAXES AND DUTIES - STAMP DUTIES - EXEMPTIONS
|
|
HOLT v BUNNEY (No 2) [2020] SASCFC 120 |
Supreme Court - Full Court |
10/12/2020 |
APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - POWERS OF COURT - COSTS |
|
R v BRIGGS [2020] SADC 161 |
District Court |
16/11/2020 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES -
TRAFFICKING
|
|
HEGARTY v KEOGH [2020] SASC 237 |
Supreme Court |
11/12/2020 |
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 HARRAP AND ORS [2020] SADC 148 |
District Court |
26/10/2020 |
CRIMINAL LAW - PROCEDURE - MISCELLANEOUS POWERS OF COURTS AND JUDGES - SUPPRESSION ORDERS |
|
MASON v POLICE [2020] SASC 238 |
Supreme Court |
14/12/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - HOME DETENTION ORDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE
|
|
SCHINCKEL v REGISTRAR OF FIREARMS [2020] SASC 236 |
Supreme Court |
11/12/2020 |
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENSING AND REGISTRATION - LICENCE OR PERMIT - REVOCATION, CANCELLATION, SUSPENSION OR SURRENDER
|
|
BAIN v THE STATE OF SOUTH AUSTRALIA [2020] SASC 234 |
Supreme Court |
10/12/2020 |
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - HEARING - GENERALLY
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - BOARDS, TRIBUNALS ETC: POWERS, DUTIES AND CONSTITUTION
|
|
BRACKENRIDGE v BENDIGO AND ADELAIDE BANK LIMITED [2020] SASC 235 |
Supreme Court |
2/12/2020 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS - OTHER MATTERS |
|
BRACKENRIDGE v BENDIGO AND ADELAIDE BANK LIMITED [2020] SASC 235 |
Supreme Court |
2/12/2020 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS - OTHER MATTERS |
|
R v KAUFMANN [2020] SADC 165 |
District Court |
27/11/2020 |
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
|
|
R v TAYLOR [2020] SADC 35 |
District Court |
3/04/2020 |
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - PROPERTY OFFENCES - PROCEEDS OF CRIME, MONEY LAUNDERING AND RELATED OFFENCES
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES
|
|
RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v MOORE-MCQUILLAN [2020] SASCFC 119 |
Supreme Court - Full Court |
9/12/2020 |
WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - EVIDENCE - SUFFICIENCY OF EVIDENCE
COURTS AND JUDGES - JUDGES - POWERS AND DUTIES IN RESPECT OF UNREPRESENTED LITIGANTS
|
|
DALLIMORE v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA [2020] SASCFC 115 |
Supreme Court - Full Court |
4/12/2020 |
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - EVIDENCE - MEDICAL EVIDENCE
WORKERS' COMPENSATION - ASSESSMENT AND AMOUNT OF COMPENSATION - AMOUNT OF COMPENSATION DURING INCAPACITY - LUMP SUM PAYMENTS - PERMANENT IMPAIRMENT AND LOSS
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - APPEALS, JUDICIAL REVIEW AND STATED CASES - NATURE AND SCOPE OF APPEAL AND REVIEW
|
|
ZOLLO v COMMISSIONER FOR CONSUMER AFFAIRS [2020] SASCFC 118 |
Supreme Court - Full Court |
4/12/2020 |
PROFESSIONS AND TRADES - BUILDERS - DISCIPLINARY PROCEEDINGS
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES TO INTERPRETATION - WORDS TO BE GIVEN LITERAL AND GRAMMATICAL MEANING - PARTICULAR CASES
STATUTES - ACTS OF PARLIAMENT - OPERATION AND EFFECT OF ACTS - INTERACTION OF ACTS
|
|
ATTORNEY-GENERAL (SA) v BANBERY [2020] SASC 232 |
Supreme Court |
4/12/2020 |
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - OTHER TYPES OF POST-CUSTODIAL ORDERS
|
|
CONSOLIDATED MINING & CIVIL PTY LTD v COMMISSIONER OF STATE TAXATION [2020] SASC 233 |
Supreme Court |
7/12/2020 |
TAXES AND DUTIES - STAMP DUTIES - APPEAL, CASE STATED ETC - SOUTH AUSTRALIA
TAXES AND DUTIES - STAMP DUTIES - EXEMPTIONS
|
|
R v SUMNER [2020] SASC 231 |
Supreme Court |
4/12/2020 |
CRIMINAL LAW - PROCEDURE - BAIL - REVOCATION, VARIATION, REVIEW AND APPEAL |
|
WILCZYNSKI AND ANOR v BANASIAK AND ORS [2020] SADC 153 |
District Court |
29/10/2020 |
ADMINISTRATIVE LAW - JUDICIAL REVIEW |
|
R v MCLEAN [2020] SADC 170 |
District Court |
4/12/2020 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRIVING OFFENCES - CULPABLE OR DANGEROUS DRIVING CAUSING DEATH OR BODILY HARM |
|
EUNICE DAPHNE WASHINGTON (BY HER LITIGATION GUARDIAN EDWARD MICHAEL BYRT) v TITAN FAN PRODUCTS AUSTRALIA LTD & ORS [2020] SASC 230 |
Supreme Court |
3/12/2020 |
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY - INHERENT AND GENERAL STATUTORY POWERS - TO STAY OR DISMISS ORDERS OR PROCEEDINGS GENERALLY
CRIMINAL LAW - GENERAL MATTERS - OTHER GENERAL MATTERS - STAY OF CIVIL PROCEEDINGS PENDING CRIMINAL PROCEEDINGS
|
|
OLUDARE v THE QUEEN [2020] SASCFC 117 |
Supreme Court - Court of Criminal Appeal |
3/12/2020 |
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 - DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE
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 - RAPE AND SEXUAL ASSAULT
|
|
OLYMPIC BATTERIES PTY LTD v O'LEARY & POLYMENEAS [2020] SASC 229 |
Supreme Court |
2/12/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
PROFESSIONS AND TRADES - ACCOUNTANTS AND AUDITORS - ACCOUNTANTS - REMUNERATION
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND INTERPRETATION OF CONTRACTS - IMPLIED TERMS
|
|
PASCOE v THE QUEEN [2020] SASCFC 113 |
Supreme Court - Court of Criminal Appeal |
1/12/2020 |
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING - GENERALLY
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
|
|
POLICE v FRY [2020] SASC 227 |
Supreme Court |
27/11/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS
CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - MISCELLANEOUS MATTERS - ALIBI
|
|
R v BAHRAMI [2020] SASCFC 111 |
Supreme Court - Court of Criminal Appeal |
27/11/2020 |
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 - SENTENCE - RELEVANT FACTORS - RESPONSE TO CHARGES - PLEA OF GUILTY
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - INDECENT ASSAULT AND RELATED OFFENCES - GENERALLY
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|
SYDENHAM v THE QUEEN [2020] SASCFC 114 |
Supreme Court - Court of Criminal Appeal |
2/12/2020 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - GENERALLY
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - SENTENCE
|
|
MIDDLIN-HANNAH v THE QUEEN [2020] SASCFC 112 |
Supreme Court - Court of Criminal Appeal |
27/11/2020 |
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - IMPROPER ADMISSION OR REJECTION OF EVIDENCE
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - ILLEGALLY OBTAINED EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - PROCEDURE - SEARCHES OF PERSONS, PROPERTY OR PREMISES
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - WARRANTS - SEARCH WARRANTS - GENERALLY, ISSUE AND VALIDITY
|
|
TREFFERS v PHUNG [2020] SASC 228 |
Supreme Court |
1/12/2020 |
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - PARTIES
|
|
R v KARDO [2020] SADC 167 |
District Court |
30/11/2020 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - RAPE AND SEXUAL ASSAULT - GENERALLY |
|
R v WISZNIEWSKI [2020] SASC 226 |
Supreme Court |
27/11/2020 |
CRIMINAL LAW - GENERAL MATTERS - ANCILLARY LIABILITY - ATTEMPT - PARTICULAR OFFENCES - ATTEMPTED MURDER
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INSANITY AND MENTAL IMPAIRMENT
MENTAL HEALTH - DECLARATION OR FINDING OF MENTAL ILLNESS OR INCAPACITY
|
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AGIUS v THE PAROLE BOARD OF SOUTH AUSTRALIA [2020] SASC 225 |
Supreme Court |
27/11/2020 |
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - UNREASONABLENESS
CRIMINAL LAW - SENTENCE - POST-CUSTODIAL ORDERS - PAROLE - ELIGIBILITY AND RELEASE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - SEXUAL OFFENCES - SENTENCE - PARTICULAR CASES - RAPE AND SEXUAL ASSAULT
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HOSANNA EXCELSIS ONE UNIVERSAL CHURCH INCORPORATED v PASTINA PTY LTD [2020] SASCFC 110 |
Supreme Court - Full Court |
25/11/2020 |
LANDLORD AND TENANT - LEASES AND TENANCY AGREEMENTS - TERM OF LEASE OR TENANCY - DURATION - HOLDING OVER AFTER EXPIRATION OF TERM
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - DEFINITIONS - RETAIL SHOP LEASE OR LEASE
LANDLORD AND TENANT - RETAIL AND COMMERCIAL TENANCIES LEGISLATION - OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR LESSEES - MINIMUM TERM OF LEASE AND RENEWAL OF TERM
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LAMBROPOULOS v ADELAIDE COMMUNITY HEALTHCARE ALLIANCE INCORPORATED & VAN RENEN [2020] SADC 163 |
District Court |
25/11/2020 |
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - MOTIONS, INTERLOCUTORY APPLICATIONS AND OTHER PRE-TRIAL MATTERS |
|
R v CLOUGH [2020] SADC 160 |
District Court |
13/11/2020 |
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST DECENCY AND MORALITY - CHILD PORNOGRAPHY AND CHILD EXPLOITATION MATERIAL OFFENCES |
|
R v GARNER & WEBB [2020] SADC 143 |
District Court |
15/10/2020 |
CRIMINAL LAW
PARTICULAR OFFENCES – OFFENCES OF A PUBLIC NATURE – BLACKMAIL – ATTEMPT TO DISSUADE WITNESS – ATTEMPT TO PERVERT THE COURSE OF JUSTICE
OFFENCES AGAINST THE PERSON – ASSAULT
|