Considering pending legislation

I just came across this interesting little tidbit about statutory interpretation: in Campbell v Employers Mutual Ltd and Others [2011] 110 SASR 57 the Full Court of the South Australian Supreme Court held that courts can and should take into account enacted legislative amendments that had not yet commenced. The particular references are at [68] …

Continue reading Considering pending legislation

Sometimes; I swear…DPP v Marijancevic; DPP v Preece; DPP v Preece [2011] VSCA 355

You probably read the recent news about the bombshell discovery in a County Court trial that the deponent of an affidavit for several search warrants didn't actually swear the affidavit.The trial judge decided the evidence consequently obtained from the search warrants should not be received in evidence under Evidence Act 2008 s 138. Because the …

Continue reading Sometimes; I swear…DPP v Marijancevic; DPP v Preece; DPP v Preece [2011] VSCA 355