Case theory: what happened; why?

The Australian Bar Association runs occasional advocacy training through the Advocacy Training Council, offering courses on essential and advanced trial advocacy, as well as appellate advocacy.In February, the blog of Derwent & Tamar Chambers in Tasmania (worth a follow) linked to a paper on case theory prepared by Justice Kenneth Martin from the WA Supreme …

Continue reading Case theory: what happened; why?

Blowback: consequences from legal aid cuts

Recent events in Afghanistan and Iraq brought the intelligence communities' phrase 'blowback' to public consciousness.At its most basic, it's about unintended consequences; often ones that the actor actual intended to avoid, and yet by their actions, brought about.Recent legal aid cuts in Victoria might be a case in point.The UK has also recently gone through …

Continue reading Blowback: consequences from legal aid cuts

MacDonald v The County Court & Ors [2013] VSC 109: doesn't measure up

It would appear that resort to the National Measurement Act 1960 (Cth), called as a kind of evidence to the contrary to an allegation of speeding, has had its day. To my knowledge the argument has never been accepted, and it doesn't look like it will be. Perhaps someone may breathe new life into it …

Continue reading MacDonald v The County Court & Ors [2013] VSC 109: doesn't measure up