A charge is the foundation for a summary court's jurisdiction to try an accused person.The charge must be brought to the accused's notice, by either serving a summons or executing a warrant (or a notice to appear).Usually, a summons must be served personally as required, though it may be posted in some cases.But a person …
Tag: subpoena
Subpoena of documents
The Chief Magistrate's Practice Direction No 5 of 2005 requires that summonses (or subpoenas) for documents must be raised on the contest-mention date. (This doesn't apply to disclosure required by Schedule 2 Clause 1A of the Magistrates Court Act 1989.)Sometimes, the material sought is handed over voluntarily. In other cases, after discussion between the parties …
Johnson v Poppeliers: fishing expedition or reasonable possibility?
Though a few months old now, Johnson v Poppeliers [2008] VSC 461 has some good law for us and is worthy of discussion — though I'm sure the folks at Frankston are already well across it, and many others of you too. (Plus, it's next in my pile of reading.)The headlines from it are:an accused …
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