It’s trite to say that the proper exercise of a court's jurisdiction often (though not always) requires the giving of reasons for its decisions. In Shu Zhang v West Sands Pty Ltd [2010] VSC 36, Byrne J said [at 15]:It has been said again and again that the duty of a judicial officer is to …
Tag: standard of proof
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 …
Police v Beukes [2011] SASC 9: intervention order breaches are strict liability offences
In Police v Beukes the Magistrates' Court of South Australia dismissed a charge that alleged an offence under s 15(1) of the Domestic Violence Act 1994 (SA). Section 15(1) reads,(1) A person who contravenes or fails to comply with a domestic violence restraining order or a registered foreign domestic violence restraining order is guilty of …
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 …