In connection with the driving of a motor vehicle

Section 28(1)(b) of the Road Safety Act 1986 provides a discretionary power for a court to suspend or cancel a licence on conviction or finding of guilt for an offence against that Act or for "any other offence in connection with the driving of a motor vehicle." The meaning and scope of this phrase has …

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Failure to call witnesses

A case that still doesn't get a guernsey in every practitioner's headspace is Jones v Dunkel (1959) 101 CLR 298.It's one of those chestnut cases we all should be familiar with, perhaps second only to Browne v Dunn (1893) 6 R 67 (HL).There's been a lot of commentary written about Jones v Dunkel over many …

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Advocacy by ambush is against the rules

The Ethics Committee of the Victorian Bar publishes Ethics Bulletins on an as-required basis. Similar in format to the Practice Directions issued by the Magistrates' Court of Victoria, these bulletins act as gentle reminders to barristers of the Bar Rules of Conduct, and clarification on ethical issues of legal practice.One bulletin to be particularly mindful …

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Readers prepare to turn 30

In 1980, a number of legal luminaries — amongst them Sir Hartog Berkeley QC, Federal Court Chief Justice Michael Black and The Honourable Professor George Hampel QC — assisted in the Bar Council’s establishment of the first mandatory preparatory course for the Victorian Bar.The Bar Readers' Course was the first of its kind in Australia, …

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Judicial registrars may consider diversion

From today, Judicial Registrars may adjourn charges to allow an accused to participate in a diversion program under s 128A of the Magistrates' Court Act.The Magistrates' Court (Judicial Registrars) Amendment Rules 2009 amend the Magistates' Court (Judicial Registrars) Rules 2005 to extend the powers of Judicial Registrars.As an aside, did you know each Court regularly …

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