‘As soon as practicable’

It's a useful phrase. It doesn't mean I'll do it now and it doesn't mean I'm never going to do it. The beauty (and vice) lies in nobody knowing exactly what it means.In Legal Services Board v Werden [2011] VSC 74 the defendant, a solicitor who had ripped off his clients, successfully resisted an application …

Continue reading ‘As soon as practicable’

Hogan v Hinch [2011] HCA 4: Hinch's High Court bid fails

While the High Court continues to mull over its decision in Momcilovic (transcripts available here, here and here) the justices have handed down another judgment (peripherally, at least) touching on Charter issues. Despite some big issues being raised in argument, Hogan v Hinch is a case where the leading authorities on each point were applied, …

Continue reading Hogan v Hinch [2011] HCA 4: Hinch's High Court bid fails

Hogan v Hinch [2011] HCA 4: Hinch’s High Court bid fails

While the High Court continues to mull over its decision in Momcilovic (transcripts available here, here and here) the justices have handed down another judgment (peripherally, at least) touching on Charter issues. Despite some big issues being raised in argument, Hogan v Hinch is a case where the leading authorities on each point were applied, …

Continue reading Hogan v Hinch [2011] HCA 4: Hinch’s High Court bid fails

Bail Act aide mémoire

Attending a CPD session last week about the Bail Act 1977 since the commencement on 1 Jan 2011 of the Bail Amendment Act 2010 motivated me to finally update my Bail Act aide mémoire.It's intended to highlight the major parts of the Act that an advocate needs to refer to in Court. I emphasised the …

Continue reading Bail Act aide mémoire

Kypri, Piscopo & Rukandin appeals set

Edit: The Court of Appeal have handed down their decision. See our discussion of it here. The Court of Appeal has set hearing dates for argument in DPP v Kypri (discussed here), and DPP v Piscopo and DPP v Rukandin (discussed here), on 6 & 7 June 2011. The Court of Appeal's new appeal rules …

Continue reading Kypri, Piscopo & Rukandin appeals set