The decision of DPP v Kypri [2011] VSCA 257 was handed down this morning. We discussed the case here, here and here. For those unfamiliar with it, the argument (successful at the original hearing, again on appeal to the Supreme Court, but not on this most recent appeal to the Court of Appeal) was that …
Tag: procedural fairness
Brevity
The Court of Appeal has made a concerted effort to streamline appeals in recent times. Even though the Court would prefer to have counsel appear consistently on an appeal, it isn't going to delay proceedings to allow a party to have their advocate of choice. Mandie and Harper JJA, Robson AJA in Saric v Tehan …
AB & Anor v Magistrates’ Court at Heidelberg [2011] VSC 61: judicial review of an intervention order
A respondent in a family violence proceeding who is dissatisfied with having an order made against them has a statutory avenue of appeal to the County Court: Division 9 of Part 4 of the Family Violence Protection Act 2008.But that's not the only option. In AB v Magistrates' Court at Heidelberg [2011] VSC 61 the …
AB & Anor v Magistrates' Court at Heidelberg [2011] VSC 61: judicial review of an intervention order
A respondent in a family violence proceeding who is dissatisfied with having an order made against them has a statutory avenue of appeal to the County Court: Division 9 of Part 4 of the Family Violence Protection Act 2008.But that's not the only option. In AB v Magistrates' Court at Heidelberg [2011] VSC 61 the …
Easwaralingam v DPP & Anor [2010] VSCA 353: the requirements of hearsay notices
While we were away the accused in DPP v Sajanesh Easwaralingam & Anor [2010] VSC 437 (a successful prosecution appeal) took the decision of Pagone J to the Court of Appeal in Easwaralingam v DPP & Anor [2010] VSCA 353.We discussed the Supreme Court case here last year. The appeal involved argument about the meaning …
Continue reading Easwaralingam v DPP & Anor [2010] VSCA 353: the requirements of hearsay notices