The King v. Anna Rowan – A Pseudonym
Case No.
Case no M47/2023
Case Information
Lower Court Judgment
28/10/2022 Supreme Court of Victoria (Court of Appeal) (Kyrou, McLeish & Niall JJA)
Catchwords
Criminal law – Defence of duress – Duress of circumstances – Where respondent charged with indecent act with children under 16, and incest – Where respondent mother of two complainants – Where respondent, at time of alleged offending, residing with partner ("JR"), father of complainants, who also convicted of sexual offences against complainants – Where respondent sought to raise defence of duress, relying on report recording JR's controlling behaviour towards, and physical and sexual abuse of, respondent – Where, during periods covered by alleged offences, defence of duress covered by common law and then s 322O of Crimes Act 1958 (Vic) – Whether law of duress applies in case of duress of circumstances, namely where accused has not been in receipt of specific threat enjoining them to engage in criminal act or suffer consequences, but accused still reasonably fears that if they do not commit criminal act they will suffer such consequences.
Documents*
16/06/2023 Hearing (SLA, Canberra and by video-connection)
26/06/2023 Notice of appeal
04/08/2023 Written submissions (Appellant)
04/08/2023 Chronology (Appellant)
01/09/2023 Written submissions (Respondent)
15/09/2023 Reply
14/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
14/11/2023 Outline of oral argument (Appellant)
14/11/2023 Outline of oral argument (Respondent)
13/03/2024 Judgment (Judgment summary)
Carmichael Rail Network Pty Ltd as Trustee for the Carmichael Rail Network Trust v. BBC Chartering Carriers Gmbh & Co. Kg & Anor
Case No.
Case no B32/2023
Case Information
Lower Court Judgment
12/10/2022 Federal Court of Australia (Rares, SC Derrington and Stewart JJ)
Catchwords
Shipping and navigation – Bill of lading – Arbitration clause – Application for stay of proceedings in favour of arbitration – Anti-suit injunction – Where Art 3(8) of Hague-Visby Rules (given effect in Australia, with some modifications, in Sch 1A of Carriage of Goods by Sea Act 1991 (Cth) ("Australian Hague Rules")) relevantly provides any clause, covenant, or agreement in contract of carriage relieving carrier or ship from liability for loss or damage to, or in connexion with, goods arising from negligence, fault, or failure in duties and obligations or lessening such liability otherwise than as provided in Rules, shall be null and void and of no effect – Where applicant consignee of domestic shipment of hardened steel rails from Whyalla to Mackay, under bill of lading drafted and issued by first respondent – Where applicant also entered into contracts with second respondent to supply rails, and to load them onto second respondent's ship – Where, on arrival at Mackay, members of first respondent's crew observed collapse had occurred, and steel rails damaged and unfit for use – Where bill of lading provided that any dispute arising thereunder shall be referred to arbitration in London – Where first respondent gave notice that it commenced arbitral proceedings seeking declaration it not liable for damage suffered by applicant, and inviting applicant to nominate arbitrator – Where applicant applied for anti-suit injunction restraining first respondent from taking further steps in purported arbitration – Where Full Court Full Court held arbitration clause contained in clause 4 of bill of lading valid – Proper test to apply to anti?suit injunction based on putatively invalid arbitration clause under Article 3(8) of the Australian Hague Rules – Whether for foreign jurisdiction clause to be held void as contrary to Art 3(8) of the Australian Hague Rules, shipper must prove conduct of foreign proceeding would be such as to lessen liability of carrier.
Documents*
09/06/2023 Hearing (SLA, Canberra and by video-connection)
21/06/2023 Notice of appeal
28/07/2023 Written submissions (Appellant)
28/07/2023 Chronology (Appellant)
25/08/2023 Written submissions (First Respondent)
25/08/2023 Written submissions (Second Respondent)
14/09/2023 Reply
17/10/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
17/10/2023 Outline of oral argument (Appellant)
17/10/2023 Outline of oral argument (First Respondent)
16/10/2023 Outline of oral argument (Second Respondent)
14/02/2024 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: JONES V COMMONWEALTH OF AUSTRALIA
Date: 15 June 2023
Transcript: Hearing
AV time: 3h 46m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: BENBRIKA V MINISTER FOR HOME AFFAIRS & ANOR
Date: 14 June 2023
Transcript: Hearing
AV time: 4h 08m
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Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: GLJ V THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF LISMORE
Date: 08 June 2023
Transcript: Hearing
AV time: 3h 26m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.