Author adminPosted on Categories civil litigation, Criminal law 1 Comment on Types of appeals in Queensland and the Federal Courts
Appeals in the law are creatures of statute: Attorney-General v Sillem [1864] EngR 352; (1864) 10 HLC 704 at 720-721, Mickelberg v The Queen [1989] HCA 35, Deane J at [4], R v Ferguson; ex parte A-G (Qld) [2008] QCA 227 at [20]. In other words, they never existed at common law, but were instead created by legislation. Therefore, appeals can only be made and determined in accordance with statutory provisions and Court rules about appeals, and primary regard must be had to them. The “common law” of appeals is the case law of interpretation of such provisions.
The joint judgment of Gleeson CJ, Gummow and Kirby JJ in Fox v Percy (2003) 214 CLR 118 distinguished between four types of appeals:
“[20] Appeal is not, as such, a common law procedure. It is a creature of statute. In Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd, Mason J distinguished between (i) an appeal stricto sensu, where the issue is whether the judgment below was right on the material before the trial court; (ii) an appeal by rehearing on the evidence before the trial court; (iii) an appeal by way of rehearing on that evidence supplemented by such further evidence as the appellate court admits under a statutory power to do so; and (iv) an appeal by way of a hearing de novo. There are different meanings to be attached to the word “rehearing”. The distinction between an appeal by way of rehearing and a hearing de novo was further considered in Allesch v Maunz. Which of the meanings is that borne by the term “appeal”, or whether there is some other meaning, is, in the absence of an express statement in the particular provision, a matter of statutory construction in each case.”
It is important for practitioners to understand the different types of appeals, and therefore how they will be considered and determined. Such knowledge is a prerequisite for practitioners to appraise themselves of the prospects of success in such appeals they may act in.
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Author adminPosted on Categories civil litigation Leave a comment on Shane Drumgold SC has partial win in judicial review of adverse findings
Shane Drumgold SC has had a partial win in his application for judicial review after judgment was handed down yesterday.
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Author adminPosted on Categories civil litigation, Judiciary 1 Comment on High Court elects to hear Judge Vasta judicial immunity case
In 2021, Judge Vasta was sued for false imprisonment after he jailed a litigant for contempt when no such finding against him had been made. For Judge Vasta and the state of Queensland, it was contended that the doctrine of judicial immunity meant that the claim could not succeed.
Last year, Wigney J of the Federal Court found for the imprisoned man, holding that judicial immunity did not apply for a number of reasons, including that Judge Vasta was an inferior Court judge who had acted beyond jurisdiction. Unsurprisingly, an appeal was subsequently lodged.
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Author adminPosted on Categories civil litigation, Judiciary, litigation 3 Comments on Judge Salvatore Vasta appeals false imprisonment decision
An appeal has been filed on behalf of Judge Salvatore Vasta following a ground-breaking decision which held him personally liable for false imprisonment of a man who appeared before him in a family law matter.
In August, Judge Vasta became the first Judge in Australian history to be successfully sued for a decision he made as a judge.
The suit arose from a decision of Vasta made on 6 December 2018, when he sentenced a self-represented man to a period of imprisonment of twelve (12) months.
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Author adminPosted on Categories civil litigation, Defamation 1 Comment on Christian Porter loses appeal from restraint on Sue Chrysanthou SC
Former Attorney General Christian Porter has lost his appeal of a restraint against Defamation specialist Sue Chrysanthou SC representing him in his claim against the ABC.
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Author adminPosted on Categories civil litigation 4 Comments on District Court stays claim because of Australian Financial Complaints Authority’s bureaucratic bumbling
Westpac’s social responsibility department reacts to the banking Royal Commission.
“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.”
President Ronald Reagan, AUGUST 12, 1986
It is well known that many public bodies these days are obsessed with political correctness and identity politics, and spend a lot of their time fussing on topics such as equity, diversity, inclusion, harmony days, ‘unconscious bias’, and the like. Once can only imagine that they hold regular meetings where they talk about topics such as their gender pronouns, paleo pear and banana bread, and what a relief that in a few months time the Morrison federal government will be replaced by a Labor-Greens Coalition, but how the ideal would be a Greens Government with Adam Bandt as Prime Minister and socialism being tried once again.
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Author adminPosted on Categories civil litigation, Family law 4 Comments on High Court holds contact with Counsel amounts to apprehension of bias
The failure by a judge of the Family Court of Western Australia to refrain from communicating with Counsel for one of the parties in a matter he was to deliver judgment in has resulted in the High Court reaffirming the principles set out in Ebner v The Official Trustee in Bankruptcy.
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Author adminPosted on Categories civil litigation, Industrial relations, litigation 2 Comments on Peter Ridd loses High Court appeal
Professor Peter Ridd’s appeal to the High Court over the termination of his employment by James Cook University (JCU) has been dismissed.
Author adminPosted on Categories civil litigation, Defamation, litigation, Negligence, Personal Injury 4 Comments on Time to sue: The law of limitation periods
Are there time limits on when you can sue? Read about what limitation periods are, and how they work.
Limitation periods in the law impose time limits within which types of civil proceedings should ordinarily be commenced. In commercial litigation, statutes of limitations impose most of the limitation periods. In Queensland, the statute of limitations is the Limitation of Actions Act 1974.
There are other time limits imposed under the law, but this article concerns time limits imposed under statutes of limitations, particularly the Limitation of Actions Act 1974 (Qld).
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Author adminPosted on Categories civil litigation 4 Comments on Sexual harassment solicitor ordered to pay indemnity costs
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”
