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Jarryd Hayne sentenced to five years and nine months imprisonment for sexual assault

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Rugby league star Jarryd Hayne was found guilty of two counts of sexual intercourse without consent.

Hayne had pleaded not guilty and denied sexually assaulting the then 26-year-old woman at her home at Fletcher, on Newcastle’s outskirts, in September 2018.

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Judge Vasta sued for $2M over imprisonment of husband

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THE FACTS

Mr Stradford (“the husband”) and Ms Stradford (“the wife”) were engaged in property settlement proceedings in the Federal Circuit Court of Australia. Within those proceedings, on 6 December 2018 Judge Vasta made the following declaration and order:

1. That the Applicant [MR STRADFORD] be sentenced to a period of imprisonment in the [X Correctional Centre] for a period of twelve (12) months, to be served immediately with the Applicant to be released from prison on … 2019, with the balance of the sentence to be suspended for a period of two (2) years from today’s date.

In the reasons for judgment delivered extemporaneously, Vasta J wrote that:

“The matter went before Her Honour Judge Turner on 26 November 2018. Her Honour ordered that the matter be adjourned for hearing of a contempt application. What Her Honour found was that there had been compliance with order 3(b), (c), (d), (e), (f), (g) and (i) of my order, but there had not been compliance with orders (a), (h), (j), (k), (l), (m), (n) and (o) of my orders. For that reason, Her Honour found that the Applicant husband was in contempt of my orders and sent it to me to deal with as I had foreshadowed in my orders.”

By operation of Order 1 the husband was deprived of his liberty and was imprisoned for about a week, when he obtained a stay pending an appeal against that decision.

Relevant Law/ Legislation

Section 17 of the Federal Circuit Court of Australia Act 1999 (Cth) confers on that Court the same power to punish contempts of its power and authority as possessed by the High Court of Australia. However, that is a power to punish contempts committed in the face or hearing of the Court. The Act makes a distinction between such contempts (Part XIIIB) and sanctions for failure to comply with orders (Part XIIIA).

The contempt provisions address flagrant challenges to the authority of the Court and exempt specifically “a contempt of a court” that constitutes “a contravention of an order under this Act”. The latter expression is defined within Part XIIIA in ss 112AA and 112AB.

Full Family Court decision

On 15 February 2019, Strickland, Murphy & Kent JJ of the full Family Court found that Judge Vasta had erred:

“It is difficult to envisage a case where failure to comply with orders for disclosure could be said to involve a flagrant challenge to the authority of the Court or where an established failure to fully disclose could be other than a contravention covered by Part XIIIA of the Act and not Part XIIIB. In any event, whether in proceedings for a sanction under Part XIIIA, or for contempt under Part XIIIB of the Act, strict rules of procedural fairness reflected in Rules of Court apply to the hearing and determination of such applications and the procedures to be followed…

“contempt” properly so defined falls to be dealt with under Part XIIIB. As we have already pointed out, a contravention of an order must also involve a flagrant challenge to the authority of the Court to be capable of constituting contempt within the meaning of Part XIIIB…

We are comfortably satisfied, for the reasons given, that what occurred here in the making of the declaration and order for the husband’s imprisonment constituted a gross miscarriage of justice.”

Judge Vasta sued

The husband is now suing Judge Vasta personally for damages in respect of the imprisonment.

Judge Vasta says in his filed defence he is not liable to be sued due to the doctrine of judicial immunity.

The case is on course for a five-day trial in late 2021.

Why your agreement should be in writing (video)

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Having a written agreement ensures that there is no doubt or disagreement as to what the agreement was. This significantly reduces the risk of disputes later on. And the chances of a dispute arising when an important agreement is not reduced to writing are numerous.

It is a very good idea to see a solicitor to draft your agreement. The advantages of doing so are numerous:

1) Solicitors are good at drafting documents in a clear, concise and legally effective manner

2) Solicitors might be able to advise you which parts of the agreement may be void or unenforceable, and how the agreement can be amended to avoid such an outcome

3) Solicitors are able to think of issues that you may not have considered eg: how can the agreement be terminated? Should a provision be made for a renegotiation after a set period of time? Should timeframes be included to ensure the parties comply with their obligations in a timely manner? How will a key term of the agreement be defined? What happens if the agreement is breached? And so on.

4) Solicitors can insert ‘standard’ clauses in the agreement which strengthen and improve it.

If your agreement is important to you, getting a solicitor to draft it is the best decision you can make. Sterling Law can assist you with this.

Jarryd Hayne found guilty of sexual assault

Posted on Categories Criminal law Tags , , , , Leave a comment on Jarryd Hayne found guilty of sexual assault

Rugby league star Jarryd Hayne was today found guilty of two counts of sexual intercourse without consent.

Hayne had pleaded not guilty and denied sexually assaulting the then 26-year-old woman at her home at Fletcher, on Newcastle’s outskirts, in September 2018.

His first trial in Newcastle last year ended in a hung jury, however the jury found him guilty of performing oral and digital sex on the complainant without her consent.

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Treatment Authorities under the Mental Health Act 2016 (Qld)

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What is a treatment authority?

 

A treatment authority is an order made by an authorised doctor for the treatment of a person with a mental illness without that person’s consent. A treatment authority order can authorise the involuntary detention of the person receiving treatment at a mental health facility, or community-based treatment.
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Claremont killer declines to appeal

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Claremont killer Bradley Robert Edwards has not appealed against his convictions for two murders, nor his sentences.

THE FACTS

The murders


On 27 January 1996, a secretary aged 18 named Sarah Spiers disappeared after leaving Club Bay View in Claremont and calling a taxi from a nearby phone booth. Her body was never found.On 9 June 1996, Jane Rimmer, a 23 year old childcare worker, was last seen alive outside Claremont’s Continental Hotel on 3 August 1996, Her body was found in bushland at Wellard in Perth’s south on March 15, 1997.

Ciara Glennon, a solicitor aged 27, was last seen in Claremont after visiting the Continental Hotel on 3 April 1997. Her body was later found in bushland at Eglinton in Perth’s north.
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Businesswoman Elaine Stead awarded $280,000 in defamation damages

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Australian Financial Review columnist Joe Aston had in various articles described former Blue Sky Alternative Investments director Elaine Stead as a “feminist cretin” who “set fire to other people’s money”, with an investment in an “unviable enterprise”. The articles also alleged Dr Stead  had “recklessly destroyed the capital of business ventures” and she was a “stupid” woman “who made stupid investments into worthless companies”.
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Sexual harassment solicitor ordered to pay indemnity costs

Posted on Categories civil litigation Tags , , , , , , , , , 2 Comments on Sexual harassment solicitor ordered to pay indemnity costs

The facts

Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her.  Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Sexual harassment solicitor ordered to pay indemnity costs”

Bradley Robert Edwards given life with non-parole period of 40 years for two Claremont murders

Posted on Categories Criminal law Tags , , , , , , , , , , 2 Comments on Bradley Robert Edwards given life with non-parole period of 40 years for two Claremont murders
The Claremont killer
THE FACTS

The murders

On 27 January 1996, a secretary aged 18 named Sarah Spiers disappeared after leaving Club Bay View in Claremont and calling a taxi from a nearby phone booth. Her body was never found.

On 9 June 1996, Jane Rimmer, a 23 year old childcare worker, was last seen alive outside Claremont’s Continental Hotel on 3 August 1996, Her body was found in bushland at Wellard in Perth’s south on March 15, 1997.

Ciara Glennon, a solicitor aged 27, was last seen in Claremont after visiting the Continental Hotel on 3 April 1997. Her body was later found in bushland at Eglinton in Perth’s north.
Continue reading “Bradley Robert Edwards given life with non-parole period of 40 years for two Claremont murders”

Why your agreement should be in writing

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Contrary to what some believe, an oral agreement can be enforceable, as long as the elements of a contract have been met. However, there are major advantages in having an important agreement reduced to writing.
Continue reading “Why your agreement should be in writing”

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