Legal Services Board v. Gillespie-Jones
Case No.
M27/2013
Case Information
Lower Court Judgment
19/04/2012 Supreme Court of Victoria (Court of Appeal)(Nettle, Redlich and Hansen JJA)
Catchwords
Legal Practitioners – Fidelity fund – Moneys paid to solicitor to be paid into trust account and used for express purpose of paying counsel’s fees – Moneys used by solicitor for own purpose – Whether counsel entitled to claim against Fund – Whether claim barred by lack of costs agreement.
Equity – Trusts and trustees – Quistclose trust – Whether moneys paid to solicitor for purpose of paying counsel’s fees held on Quistclose trust.
Words and phrases – “Actual pecuniary loss” – “Interests” – “For or on behalf of”.
Documents
15/03/2013 Hearing (SLA, Melbourne)
28/03/2013 Notice of appeal
18/04/2013 Written submissions (Appellant)
18/04/2013 Chronology (Appellant)
10/05/2013 Written submissions (Respondent)
22/05/2013 Reply
04/06/2013 Hearing (Full Court, Canberra)
14/08/2013 Judgment (Judgment summary)
Nguyen v. The Queen
Case No.
M30/2013
Case Information
Lower Court Judgment
23/02/2010 Supreme Court of Victoria (Court of Appeal)(Neave J, Bongiorno J, Lasry J)
Catchwords
Criminal law – Murder – Attempted murder – Jury directions – Accused found guilty by complicity with another – Whether alternative verdict of manslaughter sufficiently left to jury on the charge of murder – Whether failure by trial judge to direct jury as to alternative verdict caused a substantial miscarriage of justice.
Documents
15/03/2013 Hearing (SLA, Melbourne)
02/04/2013 Notice of appeal
15/04/2013 Written submissions (Appellant)
15/04/2013 Chronology (Appellant)
06/05/2013 Written submissions (Respondent)
14/05/2013 Reply (Appellant)
21/05/2013 Reply on Notice of Contention (Respondent)
05/06/2013 Hearing (Full Court, Canberra)
27/06/2013 Judgment (Judgment summary)
Elias v. The Queen and Anor
Case No.
M29/2013
Related matters:
M25/2013 – Issa v. The Queen & Anor; M28/2013 – Pantazis v. The Queen & Anor (Discontinued)
Case Information
Lower Court Judgment
30/07/2012 Supreme Court of Victoria (Court of Appeal)(Warren CJ, Redlich, Hansen & Osborn JJA & Curtain AJA)
Catchwords
Criminal law – Sentencing – Most appropriate offence – Liang & Li principle – Maximum penalty for the offence of attempting to pervert the course of justice at common law is prescribed by section 320 of the Crimes Act 1958 (Vic) at 25 years imprisonment – Under section 43 of the Crimes Act 1914 (Cth) maximum penalty at relevant time was five years imprisonment – Whether Court of Appeal erred in failing to have regard to the lighter sentence.
Documents
15/03/2013 Hearing (SLA, Melbourne)
02/04/2013 Notice of appeal
08/04/2013 Submitting appearance (Second Respondent)
19/04/2013 Written submissions (Appellants)
19/04/2013 Chronology
09/05/2013 Written submissions (First Respondent)
23/05/2013 Reply
30/05/2013 Hearing (Full Court, Canberra)
27/06/2013 Judgment (Judgment summary)
Pantazis v. The Queen and Anor
Case No.
M28/2013
Related matters:
M25/2013 – Issa v. The Queen & Anor; M29/2013 – Elias v. The Queen & Anor
Case Information
Lower Court Judgment
30/07/2012 Supreme Court of Victoria (Court of Appeal) (Warren CJ, Redlich J, Hansen J, Osborn J, Curtain J)
Catchwords
Criminal law – Sentencing – Most appropriate offence – Liang & Li principle – Maximum penalty for the offence of attempting to pervert the course of justice at common law is prescribed by section 320 of the Crimes Act 1958 (Vic) at 25 years imprisonment – Under section 43 of the Crimes Act 1914 (Cth) maximum penalty at relevant time was five years imprisonment – Whether Court of Appeal erred in failing to have regard to the lighter sentence.
Documents
15/03/2013 Hearing (SLA, Melbourne)
28/03/2013 Notice of appeal
08/04/2013 Submitting appearance (Second Respondent)
19/04/2013 Written submissions (Appellants)
19/04/2013 Chronology (Appellant)
09/05/2013 Written submissions (First Respondent)
28/05/2013 Notice of Discontinuance
Issa v. The Queen & Anor
Case No.
M25/2013
Related matters:
M28/2013 – Pantazis v. The Queen & Anor (Discontinued); M29/2013 – Elias v. The Queen & Anor
Case Information
Lower Court Judgment
30/07/2012 Supreme Court of Victoria (Court of Appeal)(Warren CJ, Redlich J, Hansen J, Osborn J, Curtain J)
Catchwords
Criminal law – Sentencing – Most appropriate offence – Liang & Li principle – Maximum penalty for the offence of attempting to pervert the course of justice at common law is prescribed by section 320 of the Crimes Act 1958 (Vic) at 25 years imprisonment – Under section 43 of the Crimes Act 1914 (Cth) maximum penalty at relevant time was five years imprisonment – Whether Court of Appeal erred in failing to have regard to the lighter sentence.
Documents
15/03/2013 Hearing (SLA, Melbourne)
28/03/2013 Notice of appeal
08/04/2013 Submitting appearance (Second Respondent)
19/04/2013 Written submissions (Appellants)
19/04/2013 Chronology (Appellant)
09/05/2013 Written submissions (First Respondent)
23/05/2013 Reply
30/05/2013 Hearing (Full Court, Canberra)
27/06/2013 Judgment (Judgment summary)