Archive for the 'Criminal Law' Category

Duty of litigation practitioners to prepare for hearings and costs restrictions from Legal Aid

Thursday, July 29th, 2010

 Re: N (a solicitor) [2010] QSC 267
CATCHWORDS:
Profession and trades – Lawyers – Duties and liabilities – Duties to court – Generally – Duty to ensure matters are dealt with expeditiously – Criminal matter
Legal Profession Act 2007 (Qld), s 418
Ashmore v Corporation of Lloyd’s [1992] 1 WLR 446, cited
Fryberg J
In a professional conduct decision which flowed [...]

Legal Aid Quarterly e-newsletter

Friday, June 4th, 2010

June 2010
In this issue:

New general inquiries number now available
Free legal advice for south-west Queensland flood victims
Legal Aid can help with civil matters
Sponsor Anthony Reilly for the Vinnie’s CEO Sleepout
Law Week hypothetical attracts full house
Updated factsheet on grants criteria changes
Preferred supplier reference group takes shape
Women’s Legal Aid the toast of International Women’s Day
Catherine Moynihan receives Churchill Fellowship
Staff [...]

Justices Act – complaints: particulars, duplicity, limitations, power to amend & costs

Saturday, May 22nd, 2010

The decision his Honour Wall S.C DCJ De Bray v Cohen;Macefield Pty Ltd v Cohen [2008] QDC 275 and the subsequent appeal are worth noting with respect to the unique nature of the Justices Act 1886 (Qld) and it’s requirements Cohen v Macefield P/L & Ors [2010] QCA 95.
Brisbane Barrister – David Cormack

Industrial Court of Queensland finds against High Court’s Kirk decision

Wednesday, April 28th, 2010

N.K. Collins Industries Pty Ltd AND Peter Vincent Twigg (C/2009/56)
 

The Industrial Court of Queensland has found against the principles set down by the High Court in the Kirk decision, on the basis that the relevant legislation in Queensland and New South Wales can not be considered analogous.
Read more of the article by Norton Rose.
Reproduced with permission [...]

Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2010

Wednesday, April 14th, 2010

The Civil and Criminal Jurisdiction Reform and Modernisation  Amendment Bill 2010 was introduced to parliament on 13 April 2010, as stage 1 of the foreshadowed amendments.
The civil jurisdiction will be increased:

Magistrates Court $50,000 to $150,000
District Court $250,000 to $750,000

 
However, the bulk of the amendments are directed to criminal proceedings and committals.
The discussion paper regarding stage [...]

WorkCover fraud and appeal on sentence

Wednesday, March 10th, 2010

WorkCover Queensland v Stanley [2010] QDC 48
Sandra Stanley pleaded guilty before her Honour Magistrate Cornack in respect of 1 charge of “returning to a calling” pursuant to sections 533 and 535 of the Workers Compensation and Rehabilitation Act 2003 (Qld) and 3 charges of making a false and misleading statement pursuant to section 534.
The “return [...]

Chief Justice goes on radio to address anger at bikeway rapist case

Wednesday, February 24th, 2010

Courier Mail
UPDATE: IN an unprecedented act, the state’s top judge has responded to public anger over a decision to cut the Brisbane bikeway rapist’s jail term.
The Chief Justice Paul de Jersey urged the public to carefully read the full Court of Appeal judgment before condemning a decision to reduce the “bikeway rapist” Luke Colless’s sentence from [...]

Concurrent civil and criminal proceedings – ‘right to silence’ & stay

Monday, February 22nd, 2010

Hamilton Island Enterprises Ltd & Anor v Johnston [2010] QCS 38
 
Civil proceedings for damages for breach of contract of employment, conversion, or alternatively equitable compensation had been first commenced. Subsequently, 22 police charges under the Criminal Code 1899 (Qld) relating to the applicant’s employment were laid with a further 14 charges shorlty before the application. An  application was brought [...]

Kirk v IRC NSW & Ors (HCA) – “If a risk was or is present, the question is – what action on the part of the employer was or is required to address it? The answer to that question is the matter properly the subject of the charge”

Friday, February 5th, 2010

Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 (3 February 2010) 
 
The High Court quashed the convictions flowing from the death of Mr Graham Palmer in a farming accident. Mr Palmer was employed by Group Holdings Pty Ltd as the manager of [...]

A-G’s 2nd bite of the cherry

Tuesday, November 10th, 2009

R v Brown; ex parte A-G (Qld) [2009] QCA 342
The Attorney General appealed the sentence imposed on a plea of guilty by the sentencing judge who ordered six years concurrent imprisonment on each count of unlawful wounding and lesser concurrent terms of imprisonment in respect of the remaining offences.
The indictments were for burglary and stealing [...]

David Cormack, Barrister