Written advocacy gets a fillip

The Commercial Court recently hosted a workshop on legal writing by well-known writer and lecturer Bryan Garner. I hoped to attend, but couldn't make it. Shame really, because the opportunity to see Garner first-hand without needing to travel to the USA probably won't come along for a while.Garner is the current author of Black's Law …

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Vehicle impoundment aide mémoire

The vehicle impoundment provisions in Road Safety Act 1986 Part 6A are about to be overhauled.The original provisions were introduced by the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, with effect from 1 July 2006. The explanatory memorandum is here, and the second reading speech here.Last year the Brumby government …

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'Consent' is not mitigation to child sexual abuse

In Clarkson v The Queen; EJA v The Queen [2011] VSCA 157 the Court of Appeal (comprised of five judges) considered the relevance of an unresisting victim to sentencing an adult offender for child sex offences.Maxwell ACJ, Nettle, Neave, Redlich and Harper JJA [at 3]:The absolute prohibition on sexual activity with a child is founded …

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‘Consent’ is not mitigation to child sexual abuse

In Clarkson v The Queen; EJA v The Queen [2011] VSCA 157 the Court of Appeal (comprised of five judges) considered the relevance of an unresisting victim to sentencing an adult offender for child sex offences.Maxwell ACJ, Nettle, Neave, Redlich and Harper JJA [at 3]:The absolute prohibition on sexual activity with a child is founded …

Continue reading ‘Consent’ is not mitigation to child sexual abuse

Programming note

Tonight marks the beginning of a new 5-part documentary series on ABC1. Each episode of On Trial follows prosecution and defence as they prepare a serious case for hearing.It is available to watch on demand here. It seems to be aiming for the same fly-on-the-wall approach that made Sin City Law so compelling to watch.And …

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