Changes to the County Court Criminal Procedure Practice Note

These changes come in on Monday 21st January.The amended note (36 pages) can be found here. Even more helpfully, a Notice to Practitioners (kind of an EM for practice notes) has been made available here. Most changes are minor procedural tweaks. Perhaps the most significant change is the Criminal Registry's express prohibition on filings by …

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School days 2013

Yep, it's that time again. While the date that your kids go back to school will vary, the dates when speed signage applies on 'School Days' are the same across Victoria.The relevant gazette for 2013 is Government Gazette S 397 published on 26 November 2012. It contains a table of the declared school days for …

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Putting in an appearance

The Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012 took effect last Tuesday, 1st January 2013.The amendments specify that it's acceptable for an accused person who is not on bail to receive an adjournment at first mention without the necessity for an appearance at court, provided they:a) apply for the adjournment as soon as …

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Foster v Harris [2012] VSC 637: technical challenges to speeding offences

The appeal in Foster v Harris [2012] VSC 637 considered technical arguments about a speeding charge. It was handed down just before Christmas.There were two broad issues:1) did the charge information contain sufficient information; and 2) did the certificate of testing of the prescribed device comply with the regulations, making it admissible.The magistrate determined both …

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Reserve judgment

The Courts Legislation Amendment (Reserve Judicial Officers) Bill 2012 will abolish the offices of acting judges and acting magistrates and create the offices of reserve judge and reserve magistrate. The bill was introduced to Parliament on Wednesday.The Introductory Print is here and the Explanatory Memorandum here.On my reading of it, these reforms are unlikely to …

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