There has been some information about intervention orders on the Judicial College website for a while.There is a 12-page overview, a summary of important provisions, and some checklists. These have been around since the legislation was overhauled 3 years ago and are useful for practitioners trying to get to grips with the system. Recently the …
Tag: family violence
Civil Procedure Act 2010
Edit: The new government is removing the requirement that parties attend mandatory pre-litigation proceedings for debt recovery and other matters. The amendments are contained in the Civil Procedure and Legal Profession Amendment Bill 2011 currently before the parliament.The Explanatory Memorandum says,The Bill will deliver on the Government's commitment to end mandatorypre-litigation procedures for debt recovery …
DPP v Nicholls [2010] VSC 397: Exempted witnesses are unavailable
Edit: Because of the case of DPP v Easwaralingam & Anor [2010] VSC 437 I've read through Darmody again recently. It is impossible to reconcile this magistrate's reasoning with the Court of Appeal's decision and the wording of cl 4(c) of Pt 2 the Dictionary of the Evidence Act 2008. In the pointed words of …
Continue reading DPP v Nicholls [2010] VSC 397: Exempted witnesses are unavailable
Honour crimes
Honour crimes are (at least in this post) offences that are motivated, in whole or in part, by the offender's recognised community values.Crimes perpetrated by migrants tend to gain the most media attention, but there's many types of honour crime. Other examples include initiation and punishment rites of bikie gangs, traditional indigenous practices like ritual …
Legislation Watch: intervention orders, VIS and public order offences
Edit: The Personal Safety Intervention Orders Act 2010 received Royal Assent on 7/9/10. If not proclaimed earlier, it will come into effect on 1 January 2012. Part 13 Division 1 s 186 of the Act will repeal the Stalking Intervention Orders Act 2008, but ss 187 - 191 preserves applications and orders made under the …
Continue reading Legislation Watch: intervention orders, VIS and public order offences