The Queen v. Kilic

Case No.

M105/2016

Case Information

Lower Court Judgment

8/12/2015 Supreme Court of Victoria (Court of Appeal) (Redlich & Whelan JJA)

[2015] VSCA 331

Catchwords

Criminal law – Sentencing – Where respondent doused victim with petrol and set her alight – Where respondent pleaded guilty to intentionally causing serious injury – Where offence carries a maximum of 20 years imprisonment – Where respondent was sentenced to 14 years for primary offence – Where Court of Appeal found that the sentence was manifestly excessive – Where Court of Appeal reduced sentence – Principles regarding the review of sentencing.

Documents

28/07/2016 Hearing (SLA, Brisbane v/link Melbourne)

11/08/2016 Notice of appeal

01/09/2016 Written submissions (Appellant)

01/09/2016 Chronology (Appellant)

22/09/2016 Written submissions (Respondent)

04/10/2016 Reply

13/10/2016 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

Elecnet (Aust) Pty Ltd (as Trustee for the Electrical Industry Severance Scheme) v. Commissioner of Taxation of the Commonwealth of Australia

Case No.

M104/2016

Case Information

Lower Court Judgment

14/12/2015 Federal Court of Australia (Jessup J, Pagone J & Edelman J)

[2015] FCAFC 178

Catchwords

Taxation – Statutory construction – “Unit trust” – Meaning of a “unit trust” within Division 6C of Income Tax Assessment Act 1936 (Cth) – Whether definition of “unit for the purposes of a “prescribed trust estate” can inform the meaning of a “unit trust” – Whether Electrical Industry Severance Scheme is a unit trust.

Documents*

28/07/2016 Hearing (SLA, Brisbane v/link Melbourne)

11/08/2016 Notice of appeal

01/09/2016 Written submissions (Appellant)

01/09/2016 Chronology (Appellant)

22/09/2016 Written submission (Respondent)

04/10/2016 Reply

11/10/2016 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

Southern Han Breakfast Point Pty Ltd (in Liquidation) v. Lewence Construction Pty Ltd & Ors

Case No.

S199/2016

Case Information

Lower Court Judgment

25/09/2015 Supreme Court of New South Wales (Court of Appeal) (Ward JA, Emmett JA, Sackville AJA)

[2015] NSWCA 288

Catchwords

Administrative law – Jurisdictional error – Reference date – Whether the existence of a reference date in s 8 of the Building and Construction Industry Security of Payment Act 1999 (NSW) to support a payment claim is a jurisdictional fact.

Documents*

28/07/2016 Hearing (SLA, Brisbane)

10/08/2016 Notice of appeal

30/08/2016 Submitting Appearance (Second Respondent)

30/08/2016 Submitting Appearance (Third Respondent)

01/09/2016 Written submissions (Appellant)

01/09/2016 Chronology (Appellant)

22/09/2016 Written submissions (First Respondent)

04/10/2016 Reply

12/10/2016 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only. 

RP v. The Queen

Case No.

S193/2016

Case Information

Lower Court Judgment

26/08/2015 Supreme Court of New South Wales (Court of Criminal Appeal) (Johnson J, Davies J, Hamill J)

[2015] NSWCCA 215

Catchwords

Criminal law – Sexual intercourse with a child under 10 years – Where accused was aged between 11 and 13 years – Doli incapax – Whether presumption rebutted – Test for establishing whether doli incapax presumption rebutted.

Documents*

21/07/2016 Hearing (SLA, Canberra)

03/08/2016 Notice of appeal

19/08/2016 Written submissions (Appellant)

19/08/2016 Chronology (Appellant)

09/09/2016 Written submissions (Respondent)

15/09/2016 Reply

*The due dates shown for documents on this page are indicative only. 

Timbercorp Finance Pty Ltd (in Liquidation)  v. Tomes

Case No.

M101/2016

Related matter:

M98/2016 – Timbercorp Finance Pty Ltd (In Liquidation) v. Collins & Anor

Case Information

Lower Court Judgment

1/06/2016 Supreme Court of Victoria (Court of Appeal) (Warren CJ, Santamaria and McLeish JJA)

[2016] VSCA128

Catchwords

Procedure – Group proceedings - Part 4A of the Supreme Court Act 1986 (Vic) – Managed investment schemes – Collapse of schemes – Group proceeding on behalf of investors in schemes – Defendants include lender to investors – Dismissal of group proceeding – opt out provisions – Subsequent recovery proceedings by lender against group memebers – Group members had not opted out of group proceeding – Group members raised individual claims and defences in recovery proceedings – Whether failure to opt out of group proceeding precluded group members from raising individual claims and defences in recovery proceedings.

Procedure – Group proceedings – Anshun estoppel – Test – Whether unreasonable of group members not to have raised individual claims and defences during group proceeding – Whether group members estopped from raising individual claims and defenced in subsequent proceedings by a reason of failure to raise individual claims and defences in the group proceedings – Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589.

Procedure – Group proceedings – Abuse of process – Failure of plaintiff of group members to raise individual claims in group proceedings – Whether raising individual claims and defences by group members in subsequent proceedings is oppressive or brings administration of justice into disrepute.

Short particulars

Documents

28/07/2016 Hearing (SLA, Brisbane)

01/08/2016 Notice of appeal

05/08/2016 Written submissions (Appellant)

05/08/2016 Chronology (Appellant)

19/08/2016 Written submissions (Respondent)

26/08/2016 Reply

01/09/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

 

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