Functus officio is a latin phrase that translates as 'having discharged an office'.In the law, it's closely related to the doctrine of res judicata, which refers to a matter decided or adjudicated by a competent court and so conclusive between the parties to the matter.The difference between the two, if there is one, is not …
Continue reading Functus officio: DPP v Edwards [2012] VSCA 293
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 …
This legislation is about to pass the Assembly, and will take effect once it's proclaimed. It has a forced commencement date of 1 July 2014.The Statement of Compatibility is here, the Explanatory Memorandum is here, and the Second Reading is here.Clause 4 will insert a new s 84BA into the Road Safety Act 1986, which …
Continue reading Legislation Watch: Road Safety Amendment (Operator Onus) Bill 2012
The Road Safety and Sentencing Acts Amendment Act 2012 passed the upper house earlier this week, though it's still only to be found here under the Bills for the current Parliamentary session.The Government's press release says the Act will permit Courts to impose interlock conditions on folks getting their licence back after a drink-driving infringement. …
Continue reading Legislation Watch: Road Safety and Sentencing Acts Amendment Act 2012
Clarence City Council v Howlin [2012] TASSC 26 case caught my eye because it contains a detailed history of the common law about declaring highways. It was a case dealing with subdivision of land, affected by whether a road out the front of land was a highway or a mere carriageway.I confess I was completely …
Continue reading I now declare thee road and highway: Clarence City Council v Howlin [2012] TASSC 26