Category Archives: Courts and Tribunals

Magistrate Christopher O’Brien appointed Deputy Chief Magistrate

Magistrate Christopher O’Brien has been appointed NSW Deputy Chief Magistrate. He will be sworn in on 3 November 2014.

For further information visit http://www.justice.nsw.gov.au/Pages/media-news/media-releases/2014/deputy-chief-magistrate-judge.aspx

Lawyers

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Deputy Chief Magistrate Jane Calver appointed to District Court

The Deputy Chief Magistrate Jane Calver was appointed to the District Court of NSW last Thursday. She will be sworn in as a District Court judge on 29 October.

For more information visit http://www.justice.nsw.gov.au/Pages/media-news/media-releases/2014/deputy-chief-magistrate-judge.aspx

Legal Helpdesk

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Craig v South Australia [1995] HCA 58 | 24 October 1995

ON 24 OCTOBER 1995, the High Court of Australia delivered Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 (24 October 1995) 

At 179:

“If … an administrative tribunal falls into an error of law which causes it to identify a wrong issue, to ask itself a wrong question, to ignore relevant material, to rely on irrelevant material or, at least in some circumstances, to make an erroneous finding or to reach a mistaken conclusion, and the tribunal’s exercise or purported exercise of power is thereby affected, it exceeds its authority or powers. Such an error of law is jurisdictional error which will invalidate any order or decision of the tribunal which reflects it.”

At 180:

“a failure by an inferior court to take into account some matter which it was, as a matter of law, required to take into account in determining a question within jurisdiction or reliance by such a court upon some irrelevant matter upon which it was, as a matter of law, not entitled to rely in determining such a question will not ordinarily involve jurisdictional error”.

At 177:

A court falls into jurisdictional error “if it mistakenly asserts or denies the existence of jurisdiction or if it misapprehends or disregards the nature or limits of its functions or powers in a case where it correctly recognises that jurisdiction does exist”.

At 177:

Jurisdictional error “is at its most obvious where the inferior court purports to act wholly or partly outside the general area of its jurisdiction in the sense of entertaining a matter or making a decision or order of a kind which wholly or partly lies outside the theoretical limits of its functions and powers”.

At 177-8

Examples of a court acting beyond its jurisdiction by entertaining a matter outside the limits of the court’s functions include:

  • the absence of a jurisdictional fact
  • disregard of a matter that a relevant statute requires to be taken into account or ignored as a condition of jurisdiction.
  • misconstruction of the relevant statute thereby misconceiving the nature of the court’s function or extent of its powers with respect to the particular issue, though the line between jurisdictional error and mere error of exercise of jurisdiction may be difficult to identify.

Lawyers

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The Pracitioner’s Guide to Civil Litigation

The Practitioner’s Guide to Civil Litigation (3rd Edition) is a handy resource for inexperienced users of the NSW court system.

For a free copy, visit http://www.lawsociety.com.au/cs/groups/public/documents/internetyounglawyers/026375.pdf

Lawyers

Sydney, Australia

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John Hatzistergos appointed to District Court

NSW Attorney General Brad Hazzard has announced that former Attorney General John Hatzistergos has been appointed to the District Court of NSW.

http://www.justice.nsw.gov.au/Pages/media-news/media-releases/2014/bench-calls-former-ag.aspx

Lawyers

Sydney, Australia

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Next week’s High Court judgments

The following matters are listed for judgment in the High Court of Australia next week:

1.Tajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South Wales (S36/2014; S37/2014; S38/2014). Wednesday, 8 October 2014 at 10.15 am in Court No. 2 Parkes Place, Canberra.

Short Particulars

Audio-visual Recording 10/06/14

Audio-visual Recording 11/06/14

2. Brookfield Multiplex Ltd v. Owners Corporation Strata Plan 61288 & Anor (S66/2014). Wednesday, 8 October 2014 at 10.15 am in Court No. 2 Parkes Place, Canberra.

Lower court judgment: 25/09/2013 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Macfarlan, JA, Leeming JA)

Short Particulars

Transcript 14/03/14

Transcript 18/06/14

Audio-visual recording

3. Kentwell v The Queen (S113/2014). Thursday 9 October 2014 at 10.15 am in Court No.2 Parkes Place, Canberra.

Lower court judgment: 14/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J)

Short Particulars

Appellant’s Written Submissions

Respondent’s Written Submissions

Reply

Transcript 16/05/14

Transcript 17/08/14

Audio-visual Recording

4. O’Grady v The Queen (S114/2014) Thursday 9 October 2014 at 10.15 am in Court No.2 Parkes Place, Canberra.

Lower court judgment: 18/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J).

Short Particulars

Appellant’s Written Submissions

Respondent’s Written Submissions

Reply

Transcript 16/05/14

Transcript 17/08/14

Audio-visual Recording

Lawyers

Sydney, Australia

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High Court of Australia Bulletin [2014] HCAB 6

High Court of Australia Bulletin [2014] HCAB 6 (25 August 2014)

Lawyers

Sydney, Australia

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Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125 | 21 August 1992

ON 21 AUGUST 1992, the NSW Court of Appeal delivered Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125.

Lawyers

Sydney, Australia

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Ceremonial welcome for new Chief Judge

ON 14 AUGUST 2014, at 9am, the new Chief Judge of the District Court of NSW, the Hon Justice Derek Price AM, will be welcomed with a formal ceremony in the Banco Court.

Lawyers

Sydney, Australia

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Justice Derek Price AM | New Chief Judge of NSW District Court

The Honourable Justice Derek Michael Price AM has been appointed Chief Judge of the District Court of NSW commencing on and from 8 August 2014.

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