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 …
Tag: legislation
Minimum periods of disqualification for drug-driving offences
Edit: The amending legislation has now received assent and been proclaimed in Victoria Government Gazette G42, dated 21 October 2010. Most of the Act came in on 1 November 2010. Sections 14 and 21 (which are discussed below) come into effect on 12 December 2010. Most people would probably be surprised to learn that there's …
Continue reading Minimum periods of disqualification for drug-driving offences
Dead men do tell tales
Section 65 of the Evidence Act 2008 provides an exception to the hearsay rule where the maker of a representation is unavailable. We've discussed the scope of that word here before. This post concentrates on the previous court proceedings exception:65. Exception - criminal proceedings if maker not available (1) This section applies in a criminal …
Inconsistent results
The most recent quiz from the Judicial College is about unfavourable witnesses and the admissibility of prior inconsistent statements. It came out a couple of months ago, but the JCV has moved a few things around on its website so I looked over it again.The authors of the quiz give as broad a definition to …
Going postal
The NSW Supreme Court discussed the operation of s 160 of the Evidence Act 1995 (NSW) in Gabriel Hotels Pty Ltd v Corlita Pty Ltd [2010] NSWSC 826.That section is the same as our own s 160, and reads,160. Postal articles(1) It is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) …