High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Van Beelen v. The Queen

Case No. A8/2017
Case information

Lower Court Judgment

13/07/2016 Supreme Court of South Australia (Court of Criminal Appeal) (Kourakis CJ, Vanstone J & Kelly J)

[2016] SASCFC 71

Catchwords

Criminal law – Criminal Law Consolidation Act 1935 (SA) s 353A – Second or subsequent appeal where Court satisfied fresh and compelling evidence that should in interests of justice be considered – Where appellant seeks to appeal against conviction of murder on basis that new evidence shows expert evidence as to time of victim’s death flawed – Whether “fresh” and “compelling” evidence – Whether majority erred in holding further attack on expert evidence precluded because expert evidence contested at trial – Whether evidence could have been adduced at original trial –Whether majority erred in finding principle of finality relevant to s 353A appeal – Whether evidence is “substantial” – Whether in the “interests of justice” to allow appeal.

Short particulars

Documents

10/02/2017 Hearing (SLA, Canberra v/link Adelaide)

24/02/2017 Notice of appeal

17/03/2017 Written submissions (Appellant)

17/03/2017 Chronology (Appellant)

07/04/2017 Written submissions (Respondent)

19/04/2017 Reply

21/06/2017 Hearing (Full Court, Adelaide)

22/06/2017 Hearing (Full Court, Adelaide)

08/11/2017 Judgment (Judgment summary)