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 Criminal law Leave a comment on Chris Dawson’s murder appeal dismissed
Former high school teacher and rugby league player Chris Dawson has been unsuccessful in his appeal against his murder conviction.
In August 2022, Chris Dawson was found guilty of his first wife’s murder.
His first wife Lynette Dawson (nee Simms) went missing in 1982, and has not been found since. She left behind their two young daughters Shanelle and Sherryn, then aged four and two.
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 Defamation 2 Comments on Ben Roberts-Smith appeals defamation defeat
Highly decorated former soldier Ben Roberts-Smith VC MG sued on 16 media stories that collectively alleged among other things that he had murdered civilians in Afghanistan and committed an act of domestic violence against a woman in the Federal Court of Australia.
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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”
Author adminPosted on Categories Industrial relations, Professional discipline 3 Comments on Bangalow lawyer loses appeal against successful sexual harassment suit Former solicitor Owen Hughes, who likened himself to “a sleek kangaroo” and novelist Jane Austen’s noble brooder Mr Darcy in Pride and Prejudice, has lost his appeal against a judgment for sexual harassment he perpetrated against an employee.
This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.
Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. Soon after, Hughes offered to represent her in a mediation for her own family law matter, and she agreed.
A couple of months later, Hughes started his course of sexual harassment by sending Hill emails telling her that he thought she was attractive, and he wanted to be in a relationship with her.
Continue reading “Bangalow lawyer loses appeal against successful sexual harassment suit”
