News

Content recently uploaded onto the Magistrates Court website:

Enforcement of ACT Civil and Administrative Tribunal orders (PDF 72KB)
Notice to Practitioners 18 May 2018

Denyer v N Istekli & M Mertoglu (a firm) [2018] ACTMC 8
Uploaded 9 May
DAMAGES – Assessment – Personal injury – Tattoo removal

An inquest into the death of Steven Claude Freeman [2018] ACTCD 7
Uploaded 4 and 7 May 2018

An inquest into the death of Tahadesse (Tad) Kahsai [2018] ACTCD 9
Uploaded 4 May 2018

City Executive Suites (Canberra) Pty Ltd v Ali Baba Lebanese Cuisine Pty Ltd [2018] ACTMC 5
Uploaded 1 May 2018
Leases (Commercial and Retail) Act 2001; claim by landlord for outstanding rent – basis for calculation; distinction between outstanding rent and damages for loss of bargain; make good obligations – whether provisions in lease void for uncertainty; construction of provision in lease for payment of “rent” after termination; whether landlord failed to mitigate loss; landlord’s works – whether landlord failed to comply with s79 of Act and obligations in lease; whether landlord breached duty of care to tenant in carrying out landlord’s works; whether tenant suffered any loss for which damages payable for breach of duty or compensation payable under Act; alleged rental representation as basis for claim for damages or compensation for misleading or deceptive conduct and/or unconscionable conduct under  the Australian Consumer Law – whether rental representation had been made; GST – whether GST payable on several components of claim; costs of proceedings – whether legal costs of proceedings recoverable under lease despite ss19 and 154 of Act.

An inquest into the death of John Bell [2018] ACTCD 8
Uploaded 30 April 2018

Rahimi v MDS Tiling Pty Ltd & Ors [2018] ACTIC 1
Uploaded 26 April 2018
WORKERS COMPENSATION – choice of employer - Territory or State of connection – liability of principal for uninsured contractor’s injured worker

Applications for interim orders and uncontested applications for final orders under the Family Violence Act 2016 and Personal Violence Act 2016 (PDF 11KB)
Practice Direction 2 of 2018

Access to the Supreme Court and Magistrates Court for Aboriginal and Torres Strait Islander people in the ACT
Uploaded 20 March 2018

Bluett v Popplewell & Ors [2018] ACTMC 2
Uploaded 9 March 2018
CRIMINAL LAW – prohibited behaviour – meaning of “protest by any means” – silent prayer – protected area – whether or not silent prayer is a form of protest – elements of offence – physical and fault elements – default fault elements – charges sufficient in law

An inquest into the death of Andrew Nolan Christie [2018] ACTCD 1
Uploaded 1 March 2018

An inquest into the death of Elfriede Adele Tremethick [2018] ACTCD 3
Uploaded 28 February 2018

An inquest into the death of Edward Robert Davis [2018] ACTCD 5
Uploaded 28 February 2018

An inquest into the death of Tara Maree Costigan [2018] ACTCD 4
Uploaded 28 February 2018

Magistrates Court Annual Review 2016-2017

New paragraphs 17 and 26 inserted on 23 February 2018 to Childrens Court Practice Direction: Care and protection applications
Practice Direction No. 1 of 2016 (PDF  177KB)  (W  185KB)

ACT Coroner's Court Annual Report 2016-2017
Uploaded 16 February 2018

New publication, Interpreter Services, now available.
Uploaded 14 February 2018

ACT Magistrates Court Lists on 23 and 26 March 2018: Ceremonial Sitting of the ACT Supreme Court (PDF 55KB) (Word 19KB)
Notice to Practitioners 9 February 2018

Shoemark v Watson [2017] ACTMC 22
Uploaded 2 February 2018
CRIMINAL LAW – Road Transport Legislation – driving offences – not giving particulars about the driver to police when required – whether Defendant was a responsible person under the Road Transport (General) Act 1999 for an unregistered vehicle – proper construction of reference to person last recorded as the registered operator of a vehicle – undefined expression “responsible operator” used in evidentiary certificate – elements of offence not proved – information dismissed.

Wilson-Smith v Laws [2017] ACTMC 29
Uploaded 2 February 2018
CIVIL LAW – Costs – subpoena in criminal proceedings set aside -  alleged breach of Harman undertaking – power to make costs order – whether costs order should be made – indemnity costs refused – order for costs made on ordinary basis.

Marshall v Marhaba [2017] ACTMC 23
Uploaded 2 February 2018
CRIMINAL LAW – common assault – whether self-defence raised on the evidence – self-defence not raised – elements of offence made out – Defendant guilty.

Ben Aulich & Associates Pty Ltd v Jackson [2017] ACTMC 21
Uploaded 2 February 2018
CIVIL LAW –– statutory interpretation – right to recover legal costs under Legal Profession Act 2006 (ACT) – effect of amendment of s304 of LPA – proper approach to construction of remedial legislation – effect of non-compliance with s277 of LPA – temporary stay ordered.

An inquest into the death of Robert Douglas [2018] ACTCD 2
Uploaded 2 February 2018

Ginninderra Properties Pty Ltd v Gelonese [2017] ACTMC 25
Uploaded 2 February 2018
CIVIL LAW – Application under Leases (Commercial and Retail) Act 2001 – whether Defendant given false and misleading information about construction of a mezzanine floor on the premises – whether construction of a mezzanine floor was possible – whether construction required development application – whether plaintiff entitled to costs of proceedings under express provision in lease – whether costs provision inconsistent with Act and void.

Checklist for Lodging Civil Claims at the ACT Courts now available

Collinson v Travis [2017] ACTMC 20
Uploaded 21 December 2017
CRIMINAL LAW – driving offences – exceed prescribed concentration of alcohol - auto-brewery syndrome – metabolism of alcohol – honest and reasonable mistake

An inquest into the death of Jacob James Kelly [2017] ACTCD 4
Uploaded 18 December 2017

Family Violence Court (PDF 317KB)  (W 25KB)
Practice Direction 1 of 2018

Inquiries About Reserved Decisions and Complaints About the Behaviour or Capacity of Magistrates

Police v Deacon [2017] ACTMC 19
Uploaded 22 November 2017
CRIMINAL LAW – Judgment and Punishment – Sentence – possess prohibited firearm – minor theft – taking part in the manufacture of a firearm – possess ammunition – fail to appear after bail undertaking

Griffin v McInerney [2017] ACTMC 18
Uploaded 17 November 2017
PRACTICE AND PROCEDURE – Restorative Justice – whether court may make a referral in relation to any offence under Commonwealth criminal law
CRIMINAL LAW – Commonwealth Criminal Code – Using a carriage service to menace, harass or cause offence

Block listing periods for 2018 (PDF 64KB)  (RTF 50KB)
Notice to Practitioners 14 November 2017

Russell v Forshaw [2017] ACTMC 17
Uploaded 13 November 2017
CRIMINAL LAW – Judgment and Punishment – Sentence – aggravated robbery – unlawful possession of stolen property – driving while licence suspended by law – prescribed drug in oral fluid – reasonable prospects of rehabilitation.

Second return in the A1 Criminal List (PDF 82KB)
Notice to Practitioners 19 September 2017

An Inquest into the Death of Lesley Maree Smith [2017] ACTCD 3
Uploaded 15 September 2017

Miller v BE [2017] ACTMC 12
Uploaded 14 September 2017
CRIMINAL LAW – burglary – contravene domestic violence order – contravene family violence order - act endangering health - tendency and coincidence evidence – DNA evidence – circumstantial evidence

Noakes v Star Aviation Services Pty Ltd [2017] ACTIC 1
Uploaded 7 September 2017
INDUSTRIAL LAW – recusal – reasonable apprehension of bias – impartiality – prejudgment - particulars – description of an offence - defective information – defective charge – amendment out of time

Updated Complaints and Feedback Policy available

An Inquest into the Death of Pap [2017] ACTCD 2
Uploaded 31 August 2017

Glover & Glover v LG Building Solutions Pty Ltd & Newman [2017] ACTMC 15
Uploaded 11 August 2017
CONTRACT – Breach of building contract – Quality of renovation works undertaken by builders – Practical completion and maintenance liability period

New factsheet, Services for People with Disability, now available

Barnsley v Ulavalu [2017] ACTMC 14
Uploaded 4 August 2017
CRIMINAL LAW –– Rode while suspended - Fail to stop motor vehicle for police
CRIMINAL PROCEDURE –– Whether offence known to law –– Short form of offences specified by regulation –– Whether short form sufficient –– Police direction to stop individual or multiple motor vehicles

Carnall v Gibbons [2016] ACTIC 1
Uploaded 1 August 2017
INDUSTRIAL LAW–safety duty – particulars – person conducting a business or undertaking – officer – worker - characterisation  

Hearing List - Coroners - 25 July - 6 October 2017
Uploaded 17 July 2017

Australian Capital Territory v Kristaps Fridemanis [2017] ACTMC 13
Uploaded 12 July 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)

Cummins v Demolition Environmental Civil Contractors Pty Ltd [2017] ACTIC 2
Uploaded 5 July 2017
INDUSTRIAL LAW - particulars – description of an offence - defective information – defective charge – amendment out of time

Rightway Investments Pty Limited v Kevin Russell (as Executor for the Estate of the Late Malcolm MacKenzie-Orr) [2017] ACTMC 11
Uploaded 28 June 2017
CONTRACT – Summary Judgement – Application to set aside decision of Deputy Registrar – Superseded loan agreement – Consideration

Walls v McGuckin [2017] ACTMC 10
Uploaded 8 June 2017
CRIMINAL LAW – Application to dismissal charges due to mental impairment

Pinzon v Targett and JAG Pumping Pty Ltd
Uploaded 7 June 2017
NEGLIGENCE – excavator collide with bridge – damage subsequently repaired – employee or independent contractor – in the course or scope of employment - vicarious liability – COSTS – plaintiff unsuccessful in third party matter

Platinum Constructions Pty Ltd v Stoddart Rae (Illawarra) Pty Ltd [2017] ACTMC 8
Uploaded 24 May 2017
CONTRACT - Breach of building contract - Delay in installing roof with subsequent damage due to rain - NEGLIGENCE - Whether concurrent duty of care - DAMAGES - whether damages pleaded or parties deliberately chose different basis for determination

List of Magistrates Court mediators appointed for a period of one year commencing 30 March 2017

Australian Capital Territory v McDowall [2017] ACTMC 6
Uploaded 21 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)

Australian Capital Territory v KK (a pseudonym) [2017] ACTMC 4
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)

Australian Capital Territory v Young [2017] ACTMC 3
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)

Australian Capital Territory v Taylor [2017] ACTMC 2
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)

An inquest into the death of Gwenda Margaret Membery [2017] ACTCD 1
Uploaded 20 March 2017

Australian Capital Territory v Catanzariti & Walters [2017] ACTMC 5
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)

Australian Capital Territory v Tuita [2017] ACTMC 7
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)

Australian Capital Territory v Shaor [2017] ACTMC 1
Uploaded 10 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT) – decision making criteria to be applied in deciding objection.

Magistrates Court seeks expressions of interest for mediators panel - Applications close 3 March 2017

Coroners Court Hearing List updated

Coroner's Court Annual Report for financial year 2015-2016

Originating applications and applications in proceeding before Magistrates - civil matters (PDF 50.4KB)  (80.5KB)
Practice Direction 1 of 2017

An Inquest into the Death of Paul Fennessy [2016] ACTCD 4
Uploaded 22 December 2016

Schedule of fees, civil jurisdiction as amended 15 November 2016

New interest schedule effective from 1 January 2017 available

Andrew Dennis Walker v The Electrotechnology Industry Group Training Company Ltd & Ecowise Services (Australia) Pty Ltd (No 2) [2016] ACTMC 13
Uploaded 2 December 2016
CIVIL LAW – costs – order made for extension under s36 Limitations Act 1985 - whether relief sought constitutes an indulgence – principles to be applied to costs order in the circumstances – whether conduct of respondent in opposing application unreasonable – order that costs of the application be costs in the cause

Walker v The Electrotechnology Industry Group Training Company Ltd & Ecowise Services (Australia) Pty Ltd (No 1) [2016] ACTMC 12
Uploaded 2 December 2016
CIVIL LAW – damages for personal injuries – application to extend time under s36 Limitation Act 1985­ – whether exclusion in s36(5) applies – criteria for considering extension application – extension ordered

Belconnen Lakeview Pty Ltd v Maya Krishna Goundar [2016] ACTMC 10
Uploaded 24 November 2016
REAL PROPERTY – General principles – buyer and seller – construction of standard contract for sale of land – whether purported termination by seller valid – whether seller ready willing and able to complete – construction of clause 18.3 of standard contract – effect of failure to provide certificate under s119 of Unit Titles (Management) Act 2011 (ACT) – construction of clause 10.8 of standard contract – effect of settlement statement –  construction of clause 19 of standard contract – whether expenses of resale recoverable when deposit greater than deficiency on resale – GST implications of breach of clause 24 of standard contract – whether buyer entitled to restitution as a result of Seller’s windfall gain
AUSTRALIAN CONSUMER LAW – Application to contract for sale of land – absence of evidence of loss or damage – absence of evidence of reliance upon any representation

Inquest into the death of Richard Roger John Stanton [2016] ACTCD 3
Uploaded 16 November 2016

Inquest into the death of River Arama Parry [2016] ACTCD 2
Uploaded 9 November 2016

Korda v Aldi Foods Pty Limited and Brice Australia (NSW) Pty Limited [2016] ACTMC 11
Uploaded 2 November 2016
NEGLIGENCE – Occupiers liability – Standard of care – Shopper injured when shopping trolley collided with automatic gate – Precautions to avoid risk – Whether defendant negligent in not providing warning notice that gate does not always open – Contributory negligence

Restricted Driver Licence information has been updated

Listing Practices for Criminal, Family Violence and Civil Hearings (PDF 88KB) (RTF 55KB)
Notice to Practitioners  5 October 2016
Uploaded 5 October 2016

Stedman v Zeffirelli Pizza Restaurant Pty Ltd [2016] ACTMC 9
Uploaded 6 September 2016
CRIMINAL LAW – sell food that is unsafe – food poisoning from restaurant – elements of offence - application of criminal code – intervening event or conduct – evidential onus
De Smet v Khandelwal [2016] ACTMC 7Uploaded 8 August 2016
CRIMINAL LAW – dishonestly obtaining a financial advantage by deception under section 134.2(1) of the Criminal Code (Cth) – conduct constituting a deception – meaning of financial advantage – meaning of dishonesty.
Protocol for the release of data relating to the operations of the ACT Courts

Jancevski v WR Engineering Pty Ltd ATF WR Engineering Trust [2016] ACTMC 8
Uploaded 19 July 2016
CIVIL LAW – negligence – personal injury – duty of care – whether plaintiff an employee or independent contractor – contributory negligence

Coroner's Hearing List 20 June April 2016 - 9 December 2016 (RTF  537KB)(PDF 88KB)
Uploaded 8 July 2016

Criminal section fees effective from 1 July 2016

Schedule of fees for Magistrates Court, Civil Jurisdiction for 2016-2017 available.

Practice Notes: 

Commencing certain personal injuries claims urgently (PDF  15KB) (RTF  50KB)Practice Note No 1 of 2016NI2016-335 28 June 2016 

Freezing orders (also known as 'Mareva Orders' or 'asset preservation orders') (PDF  51KB) (RTF  93KB)Practice Note No 1 of 2008NI2008-7411 March 2008 

Search orders (also known as 'Anton Piller Orders') (PDF  71KB) (RTF  115KB)
Practice Note 2 of 2008
NI2008-78
11 March 2008

Court Procedures Rules 2006 - Amendment 2016 (No 1) (PDF  90KB) (RTF  44KB)
Notice to Practitioners 29 June 2016 

Childrens Court
Revocation of Practice Direction 1 of 2011 - Youth Drug and Alcohol Court Program (PDF  54KB)(RTF 42KB)
Notice to Practitioners 17 June 2016

Coroner's Hearing List 20 June April 2016 - 9 December 2016 (RTF  536KB)(PDF 88KB)
Uploaded 17 June 2016

ACT Magistrates Court Lists 11 July 2016
Ceremonial sitting of the Magistrates Court  (PDF  9KB) (RTF  63KB)
Notice to Practitioners 16 June 2016

ACT Courts joins Twitter - Media Release


Childrens Court Practice Direction: Care and protection applications

Practice Direction No. 1 of 2016 (PDF  303KB)  (RTF  185KB)
Note: PDF version contains Practice Direction as well as the schedules, annexure and names of approved mediators.

  • Schedule 1 to Practice Direction 1 of 2016 - Directions for application following emergency action (or first time applications for Orders)  (RTF  71KB)
  • Schedule 2 to Practice Direction 1 of 2016 - Directions for applications for extending, amending or revoking Care and Protection Orders (RTF  60KB)
  • Schedule 3 to Practice Direction 1 of 2016 - Directions for Court Ordered Meeting (RTF  55KB)
  • Annexure A to Practice Direction 1 of 2016 - Case management document care hearings (RTF  20KB)
  • Approved family dispute resolution mediators (RTF  37KB)

ACT Magistrates Court Lists on 4 July 2016:
Ceremonial sitting of the ACT Supreme Court (PDF  25KB) (RTF  64KB)
Notice to Practitioners 1 June 2016

Conferences held in proceedings under the Domestic Violence and Protection Orders Act 2008 (PDF  11KB)  (RTF  39KB)
Notice to Practitioners 30 May 2016

Bail List (A2), Family Violence Lists and Criminal List (A1) (PDF  69KB) (RTF  56KB)
Notice to Practitioners 24 May 2016

ACT Director of Public Prosecutions v Truong [2016] ACTMC 4Uploaded 11 May 2016
CIVIL LAW – standard of proof
CIVIL LAW – confiscation of criminal assets – restraining order – application for exclusion order by person other than the offender – interest in the property – party to the relevant serious offence – effective control – whether the applicant’s interest is tainted property

Carpenter v Australian Capital Territory [2016] ACTMC 3Uploaded 5 May 2016
Interlocutory decision - LAW – Reinstatement under Court Procedures Rules 2006 (ACT) – construction of rule 76(3) – whether provision that proceedings reinstated if a party to the proceeding files a document to be read down – whether purposive test to be applied – whether application of purposive test requires reference to filing a document to be read as meaning taking a step in the proceeding.

Polsen v Hearnshaw & Insurance Australia Ltd, trading as NRMA Insurance [2016] ACTMC 2Uploaded 4 May 2016

Willimott v JC Canberra Management t/as Cosmos Clinic Canberra & Lee [2015] ACTMC 11Uploaded 3 May 2016
CIVIL LAW –  medical negligence – breach of contract – breach of implied warranties – application for summary judgment – application of the Trade Practices Act 1974 (Cth)