In practice

In practice

Criminal law – sexual offences against children – appeal against conviction by jury

Pell v The Queen [2020] HCA 12 (7 April 2020)

David Kelsey-Sugg

Back to basics

Preparing an affidavit (part 3)

As a general rule and in order to be admissible, the proposed evidence in a trial affidavit must be relevant. That means it must tend to prove or disprove a fact in issue on the pleadings.

Kylie Downes QC

In practice

COVID-19, capacity challenges, and costs

Home detention gives us much to contemplate about COVID-19, nothing more so than our mortality in the face of a life threatening pandemic.

Christine Smyth

Casenotes

Children – Hague child abduction convention – return order set aside

Walpole & Secretary, Department of Communities and Justice [2020] FamCAFC 65 (25 March 2020)

Robert Glade-Wright

Casenotes

Property – order set aside for denial of procedural fairness – unwarranted judicial interventions

Finch [2020] FamCAFC 60 (20 March 2020)

Robert Glade-Wright

Casenotes

Children – unilaterally relocating mother with infant ordered to return – unacceptable risk of harm rejected

Tandy & Eastman [2020] FCCA 541 (19 February 2020)

Robert Glade-Wright

Casenotes

Children – contraventions found proved but costs order made against applicant

Adam & Tan [2019] FamCA 964 (13 December 2019)

Robert Glade-Wright

In practice

At any one time, in Australia, there are about 1400 people on a transplant waiting list. One donor has the potential to prolong up to 10 lives that might otherwise by shortened through illness or disease.

Christine Smyth

Casenotes

Children – contravention – COVID-19 – reasonable excuse – variation of primary order

Kardos & Harmon [2020] FamCA 328 (7 May 2020)

Robert Glade-Wright

In practice

Criminal law – directions to jury – Liberato direction

De Silva v The Queen [2019] HCA 48 (13 December 2019)

David Kelsey-Sugg

Casenotes

Children – father’s interim application to vary parenting order so as to commence equal time before trial dismissed

Findlay & Reis [2020] FCCA 425 (28 February 2020)

Robert Glade-Wright

In practice

Disability and the justice barrier

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability was formally established in April 2019 and began public hearings and consultations across the country.

Luke Geary, Naomi Brodie