Several recent cases have developed precedent for admitting cultural evidence and accommodating cultural differences for First Nations participants in criminal proceedings.Snapshot Australian courts are becoming…
Courts are highlighting themes of direct speech witness evidence misuse across NSW and Kane’s Hire is being applied and settled more and more.Snapshot Lawyers should…
Electronically stored information is valuable documentary evidence because of its content, and it is marshalled in a variety of formats.Snapshot Electronically stored information is a…
The Federal Court has examined the ‘usual practice’ of drafting affidavits in NSW and confirmed there is no rule requiring witnesses to use direct speech.Snapshot…
After 12 years of using less paper, I have identified several reliable rules. Allow people to work with paper without forcing people to work with paper.Snapshot…
The recent decisions of Dadley v R and Franklin v R consider the effect of unfair prejudice on the admissibility of forensic evidence.Please note this…
Evaluating witnesses and managing sources of bias in an Online Court.Snapshot Oral evidence, both through examination in chief and cross-examination is an important source of…
Consideration of the legality and admissibility of covert recordings in family law proceedings.Snapshot While the use of audio and video recordings in Family Court proceedings…
Reporting and analysis of the latest key judgments from the High Court of Australia. By DAVID KELSEY-SUGG.Key decisions Pell v The Queen [2020] HCA 12 Kadir…
The High Court has ruled that some (but not all) evidence obtained at a greyhound training facility is admissible despite being obtained improperly.Snapshot The HCA…
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.Key decisions Gold Coast Marine Aquaculture Pty Ltd v HTC…
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.Key decisions Jorgensen v Fair Work Ombudsman [2019] FCAFC 113…
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.Key decisions Grajewski v Director of Public Prosecutions [2017]…