Criminal law: April 2016

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.

Showing cause under the Bail Act 2013: lessons from the CCA

The Bail Amendment Act 2014 (NSW) introduced a ‘show cause’ test in circumstances where bail is sought for certain offences. By ALANNA VAN DER VEEN.

Criminal law: December 2015

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.

Opinion evidence or direct evidence of fact?

The case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…

Criminal law: November 2015

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.

Further guidance on Section 6 of the Law Reform (Miscellaneous Provisions) Act

Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 has, throughout its troubled history, received a number of critical remarks from the judiciary. By LANA…

When a covenant is really an easement: lessons from RG v JEA Holdings

In Registrar General v Jea Holdings, the Court of Appeal found an easement was validly created even though it was recorded as a covenant only on…

Costs assessments: recent cases in the Court of Appeal

Separate certificates of determination should be issued by a costs assessor in respect of each costs order but failure to raise the issue may be…

Certifiers’ powers revisited

Two recent decisions in the Court of Appeal have curtailed the grounds on which certificates can be set aside in judicial review proceedings. By JOSIE…

Criminal law: September 2015

Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.