Irwin v. The Queen
Case No.
B48/2017
Case Information
Lower Court Judgment
3/02/2017 Supreme Court of Queensland (Court of Appeal) (M McMurdo P, Gotterson JA, Mullins J)
Catchwords
Criminal law – Criminal Code 1899 (Qld) s 23(1)(b) – Where appellant convicted of causing grievous bodily harm – Where appellant gave evidence of pushing complainant – Where Court of Appeal held complainant’s evidence could not rationally be accepted but dismissed appeal on basis it was open to jury to conclude ordinary person “could” reasonably have foreseen possibility of broken hip as result of push – Whether Court of Appeal erred in application of test under s 23(1)(b) by substituting “could” for “would” – Whether Court of Appeal erred in failing to find verdict unreasonable.
Documents
18/08/2017 Hearing (SLA, Brisbane)
30/08/2017 Notice of appeal
22/09/2017 Written submissions (Appellant)
22/09/2017 Chronology (Appellant)
13/10/2017 Written submissions (Respondent)
27/10/2017 Reply
06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/03/2018 Judgment (Judgment summary)
Rozenblit v. Vainer & Anor
Case No.
M114/2017
Case Information
Lower Court Judgment
17/03/2017 Supreme Court of Victoria (Court of Appeal) (Whelan, Kyrou and McLeish JJA)
Catchwords
Procedure – Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 63.03(3) – Access to courts – Impecuniosity – Where appellant made applications to file and serve amended statement of claim – Where applications refused with costs – Where appellant made further application for leave to cure drafting deficiencies – Where associate judge granted leave to file and serve amended statement of claim but ordered proceeding be stayed under r 63.03(3) until appellant paid interlocutory costs orders – Where Court of Appeal dismissed appeal – Whether in circumstances where appellant unable to meet interlocutory costs orders and no finding appellant conducted litigation in manner amounting to harassment or because of collateral purpose, Court of Appeal erred in failing to find not open to associate judge to make order under r 63.06(3) or exercise inherent jurisdiction to stay proceeding.
Documents
18/08/2017 Hearing (SLA, Melbourne)
28/08/2017 Notice of appeal
22/09/2017 Written submissions (Appellant)
22/09/2017 Chronology (Appellant)
13/10/2017 Written submissions (Respondent)
09/11/2017 Amended Reply
09/02/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
09/02/2018 Outline of oral argument (Appellant)
09/02/2018 Outline of oral argument (Respondent)
13/06/2018 Judgment (Judgment summary)
In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
The Hon. Barnaby Joyce MP
Case No.
C15/2017
Related matters:
C11/2017 – Senate Reference Re Senator the Hon. Canavan
C12/2017 – Senate Reference Re Mr Ludlam
C13/2017 – Senate Reference Re Ms Waters
C14/2017 – Senate Reference Re Senator Roberts
C17/2017 – Senate Reference Re Senator the Hon. Nash
C18/2017 – Senate Reference Re Senator Xenophon
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(i)
Questions:
- whether, by reason of s 44(i) of the Constitution, the place of the Member for New England (Mr Joyce) has become vacant;
- if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
- what, if any, orders should be made as to the costs of these proceedings.
Documents
10/08/2017 Reference from the Speaker of the House of Representatives
24/08/2017 Hearing – Determination (Single Justice, Brisbane v/link Melbourne and Sydney)
24/08/2017 Hearing – Directions (Single Justice, Brisbane v/link Melbourne and Sydney)
15/09/2017 Hearing (Single Justice, Canberra v/link Melbourne and Sydney)
26/09/2017 Written submissions (Attorney-General of the Commonwealth)
26/09/2017 Chronology
28/09/2017 Written submissions (The Hon. Mr Joyce MP)
03/10/2017 Written submissions (Mr Windsor)
06/10/2017 Reply (The Hon Mr Joyce MP)
06/10/2017 Reply (Attorney-General of the Commonwealth)
10/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
27/10/2017 Judgment (Judgment Summary)
In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Senator Malcolm Roberts
Case No.
C14/2017
Related matters:
C11/2017 – Senate Reference Re Senator the Hon. Canavan
C12/2017 – Senate Reference Re Mr Ludlam
C13/2017 – Senate Reference Re Ms Waters
C15/2017 – House of Representatives Reference Re: The Hon Mr Joyce MP
C17/2017 – Senate Reference Re Senator the Hon. Nash
C18/2017 – Senate Reference Re Senator Xenophon
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(i)
Questions:
- whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Roberts was returned;
- if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference; and
- what, if any, orders should be made as to the costs of these proceedings.
Documents
10/08/2017 Reference from the President of the Senate
24/08/2017 Hearing – Determination (Single Justice, Brisbane v/link Melbourne and Sydney)
24/08/2017 Hearing – Directions (Single Justice, Brisbane v/link Melbourne and Sydney
15/09/2017 Hearing (Single Justice, Canberra v/link Melbourne and Sydney)
21/09/2017 Hearing (Single Justice, Brisbane)
22/09/2017 Judgment (Single Justice)
26/09/2017 Written submissions (Attorney-General of the Commonwealth)
26/09/2017 Chronology
29/09/2017 Written submissions (Senator Roberts)
06/10/2017 Reply (Attorney-General of the Commonwealth)
10/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
27/10/2017 Judgment (Judgment Summary)
03/11/2017 Hearing (Single Justice, Canberra)
10/11/2017 Hearing (Single Justice, Canberra)
In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning
Ms Larissa Waters
Case No.
C13/2017
Related matters:
C11/2017 – Senate Reference Re Senator the Hon. Canavan
C12/2017 – Senate Reference Re Mr Ludlam
C14/2017 – Senate Reference Re Senator Roberts
C15/2017 – House of Representatives Reference Re: The Hon Mr Joyce MP
C17/2017 – Senate Reference Re Senator the Hon. Nash
C18/2017 – Senate Reference Re Senator Xenophon
Case Information
Catchwords
Questions referred by the Senate - Court of Disputed Returns - Commonwealth Electoral Act 1918 (Cth) - s376, s377 - Qualification of Senator - Constitution - s44(i)
Questions:
- whether by reason of s 44(i) of the Constitution there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Waters was returned;
- if the answer to Question (a) is “yes”, by what means and in what manner that vacancy should be filled;
- if the answer to Question (a) is “no”, is there a causal vacancy in the representation of Queensland in the Senate within the meaning of s 15 of the Constitution; and
- what directions and other orders, if any, should the Court make in order to hear and finally dispose of this reference.
Documents
10/08/2017 Reference from the President of the Senate
24/08/2017 Hearing – Determination (Single Justice, Brisbane v/link Melbourne and Sydney)
24/08/2017 Hearing – Directions (Single Justice, Brisbane v/link Melbourne and Sydney)
15/09/2017 Hearing (Single Justice, Canberra v/link Melbourne and Sydney)
26/09/2017 Written submissions (Attorney-General of the Commonwealth)
26/09/2017 Chronology
28/09/2017 Written submissions (Ms Waters)
06/10/2017 Reply (Attorney-General of the Commonwealth)
10/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
12/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
27/10/2017 Judgment (Judgment Summary)
03/11/2017 Hearing (Single Justice, Canberra)
10/11/2017 Hearing (Single Justice, Canberra)