Damiano v Dhaliwal (No 3) [2024] ACTMC 24

CIVIL LAW – JURISDICTION, PRACTICE AND PROCEDURE – commercial lease, claim for costs and pre-judgment interests by successful counter-claimant, costs as a discretion only, costs not a punishment, discretion enlivened, Calderbank offers, pre-judgment interest and party and party costs awarded.

Police v Ugarkovich [2024] ACTMC 26

CRIMINAL LAW – RESIST TERRITORY PUBLIC OFFICIAL – Obstruct Arrest – Excessive Force – Criminal Code 2002 (ACT).

Decision: The prosecution has failed to discharge its evidentiary burden. Charge 7012/2024 is dismissed.

Police v Hilarion Urdanivia [2024] ACTMC 27 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Act of Indecency without consent – Deceptive conduct – Two victims.

Nathan Allen Mugridge [2024] ACTCD 7

CORONIAL LAW – manner and cause of death – head injuries – motor vehicle accident – excessive speed – unlicenced driving – intoxication – high-performance vehicles – non-roadworthy vehicles.

Concrete Menders Pty Ltd v Ghiasvand & Ghiasvand; Ghiasvand & Ghiasvand v Flexible Constructions Pty Ltd (No 2) [2024] ACTMC 25

CIVIL - COSTS – vacation of hearing dates on first day of trial – late service of witness statements in reply and failure to comply with duty of disclosure – further witness statements and discovery required to respond to factual contentions abandoned at trial or found to be scandalous or dishonest – appropriate order that costs be costs in the cause.

Police v NH [2024] ACTMC 20

CRIMINAL LAW – Violent offences – common assault – Family Violence Evidence in Chief interview – English as a second language – consent

Concrete Menders Pty Ltd v Ghiasvand & Ghiasvand; Ghiasvand & Ghiasvand v Flexible Constructions Pty Ltd [2024] ACTMC 23

CIVIL - CONTRACTS – alleged oral contract to perform concreting work as part of residential construction – existence of contract disputed – defendants entered into written contract with third party for construction of entire residence – third party contends actual agreement different from written contract – principles for determining existence and terms of oral and informal contracts – principles to be applied where parties contends actual agreement different from written contract – objective theory of contract – outcome dependent on assessment of credibility of witnesses combined with contemporary materials, objectively established facts and the apparent logic of events – oral contract established.

CIVIL - CONTRACTS - claim in the alternative by defendants against third-party builder for contribution or indemnity – claim that defendants paid third-party builder for concreting work carried out by plaintiff– whether payment of any particular amount to third party for concreting work established – whether Part 2.5 of Civil Law (Wrongs) Act 2002 (ACT) available as basis for seeking contribution or indemnity – no contractual indemnity clause – no basis for defendants to seek contribution or indemnity from third party – claim against third party dismissed.

Police v Tricolas [2024] ACTMC 22

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE –personal protection order – meaning of “present” – whether defendant present when final order was made

Police v Wilson [2024] ACTMC 21

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – EVIDENCE – ADMISSILITY – application to exclude evidence under section 138 of the Evidence Act 2011 – Driving offences – interpretation of sections 13A, 13D, 13E and 14 of the Road Transport (Alcohol and Drugs) Act 1977

Inquest into the death of Sharyn Kaine [2024] ACTCD 6

CORONIAL LAW – manner and cause of death – multi organ failure due to adhesions related bowel perforation – liver failure induced by intravenously administered paracetamol – errors in medication transcription – weight-adjusted dosage not applied – testing delay – matters of public safety – Digital Health Records (DHR)

Inquest into the deaths of Claire Nu’ulopa Wendy Sankey and Susanna Kopysiewicz [2024] ACTCD 5

CORONIAL LAW – manner and cause of death – multiple injuries – single motor-vehicle accident – related indictable offence – culpable driving causing death – failure to render assistance – unaccompanied learner driver

Inquest into the death of Baby X [2024] ACTCD 4

CORONIAL LAW – death of a baby aged two days – injuries sustained during a prolonged labour – disagreement regarding position of baby before birth – use of ultrasound to identify the position of the baby – delayed recognition of the subgaleal haemorrhage – public safety issues adequately addressed by changes to Canberra Health Service policies and procedures – decision not to conduct a hearing

Police v Majeed [2024] ACTMC 19

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Escape from arrest – no case submission – requirement in s 160 of the Crimes Act for a police officer to have arrested a person in respect of an offence – whether s 56A of the Bail Act is an offence provision – whether an arrest for a contravention of a bail condition is an arrest in respect of an offence

The Defendant has a case to answer

Police v Hingu (No 2) [2024] ACTMC 18 (Sentence)

SENTENCING – Aggravated furious, reckless, dangerous driving – Putting vulnerable road user at risk

Police v Kaitlyn Jackson (a pseudonym) [2024] ACTMC 12

CRIMINAL LAW – dismissal under s 334 Crimes Act 1900 (ACT) – application for costs pursuant to s 244 Magistrates Court Act 1930 (ACT)

Decision: The defendant shall have her costs of the entire proceedings as agreed or assessed.

Inquest into the death of Luke Anthony Rich [2024] ACTCD 3

CORONIAL LAW – death in custody – manner and cause of death – suicide by hanging – matters of public safety – mental health assessment processes – COVID-19 arrangements – inadequate observation processes – ligature points in cells – absence of Hoffman knives – collaborative suicide prevention framework – issues of parliamentary privilege – shortfalls in the care, treatment, and supervision of detainees

Agius v Transport Canberra and City Services Directorate [2024] ACTMC 17 (Sentence)

Sentence – Workplace Injury

Defendant convicted and fined $375,000

Agius v Metal Manufactures Pty Ltd & Jack Platt [2024] ACTMC 16 (Sentence)

Sentence – Industrial Criminal - Workplace Injury

Inquest into the death of Katherine Aurelia Alexander [2024] ACTCD 2

CORONIAL LAW - mental health – death by suicide – multiple drug toxicity – coronial proceedings – impact of delay in respect of public safety issues – hospital discharge planning – community-based care – transition of care between adult mental health teams – mental health policy and procedures

Police v Hingu [2024] ACTMC 15

CRIMINAL LAW – DRIVING OFFENCES – Aggravated furious, reckless or dangerous driving – meaning of “reckless" – meaning of “dangerous” - Vulnerable road user - meaning of “pedestrian”

Defendant found guilty of the offence charged

Police v Marcel Walters (a pseudonym) [2024] ACTCC 3

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sexual offences – Attempt incest – Act of indecency on a person under the age of 10 years

Count 1 - not proved

Count 2 - proved beyond reasonable doubt

Inquest into the death of Catherine Maree Broadbent [2024] ACTCD 1

CORONIAL LAW – mental health – death by suicide – multiple drug toxicity – coronial proceedings – impact of delay – Multi-Agency Response Guide – intermediate residential services

Police v Beroukas [2024] ACTMC 10 (Sentence)

Sentence – Driving offences – Minor theft – Unlawful possession of stolen property – consideration of application for non-conviction order in relation to driving offences – sentence of imprisonment

Police v Hughes [2024] ACTMC 9 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCDURE – Judgment and Punishment – Sentence – aggravated assault occasioning actual bodily harm – aggravated common assault – family violence – sentence of imprisonment

Police v MN [2024] ACTMC 11

CRIMINAL LAW – NEGLECT – elements of an offence of neglect pursuant to s. 39 of the Crimes Act 1900 – very cluttered environment – proper or adequate care in the circumstances – omissions by both husband and wife – recklessness.

Defendant found not guilty of the offence charged.

OX v ED [2023] ACTMC 55

FAMILY VIOLENCE ORDER – amendment to extend order – application of TS v DT – the court must extend the order unless positively satisfied that an order is no longer necessary –unacceptable risk to child protected persons’ safety

Nunn v KS [2023] ACTMC 52

CRIMINAL LAW – committal – whether charges are “related charges” – transfer of charges to Supreme Court – whether the summary offences arise from substantially the same circumstances from which the first indictable offence has arisen

LD v QD; LD v MD [2023] ACTMC 54

FAMILY VIOLENCE ORDER – PERSONAL VIOLENCE ORDER – costs application – application by the respondent to the protection orders where the protection proceedings were discontinued – consideration as to whether the protection applications were “vexatious, frivolous or in bad faith”

Director-General, Community Services Directorate v BQ and KQ [2024] ACTCC 2

CARE AND PROTECTION – JURISDICTION, PRACTICE AND PROCEDURE – Care Proceeding – Parental responsibility – Out of home care - Extension of short-term parental responsibility – Acts of Parliament – Interpretation – Rebuttable presumption for long-term parental responsibility – Rebuttable presumption not engaged

Zhou v Haider [2024] ACTMC 7

CIVIL LAW – HEARING – Decision – Liquidated Debt – Loan Agreement – Application of National Credit Code

Police v Rowland (a pseudonym); Police v Nowell (a pseudonym) [2024] ACTCC 4

CRIMINAL LAW – Judgment – young offenders – ride motor vehicle without consent – theft – robbery – joint commission – the meaning of ‘intention to permanently deprive’

Police v Coe [2024] ACTMC 6

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – judgment and punishment – sentence – Galambany Court – Circle Sentencing – assault occasioning actual bodily harm – damage property – extenuating circumstances – emotional stress – provocation – assessed, having regard to relevant characteristics of defendant – character – strength of character - experience of First Nations peoples – Aboriginal Tent Embassy - non-conviction order – Good Behaviour Order

Police v Blackwell (a pseudonym) [2024] ACTMC 5

JUDGMENT AND PUNISHMENT – SENTENCE – Family Violence – Stalking with intention to harass – Threat to distribute intimate images– Contravention of a family violence order

Police v Pedro Swain (a pseudonym) [2024] ACTCC 1

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Australian Capital Territory Childrens Court - sentencing of young offenders – sentencing practice – relevant considerations – parity – offending whilst on conditional liberty – totality – Aboriginal offenders – Bugmy – Verdins – imprisonment only appropriate option on some charges – significant time in custody – partially suspended sentence - absence of bail support program for Aboriginal young people or children

Shearman v Dosen Holdings [2024] ACTMC 4

CIVIL – CONTRACTS – CONSUMER LAW – defects in common property of residential apartment complex – interest of unit owners – breach of contractual warranty– breach of Australian Consumer Law – assessment of loss – damages – discretionary costs order under rule 1722.

Bakes v Alexander (No 3) [2024] ACTMC 2 (Sentence)

CRIMINAL LAW – Sentencing – Theft from voluntary not-for-profit club – Suspended sentence with community service

Police v Roulston (a pseudonym) [2023] ACTMC 57 (Sentence)

CRIMINAL LAW – Judgment and Punishment – Sentence – Aggravated assault occasioning actual bodily harm – Aggravated choke, suffocate, strangle – Family Violence – Conviction.

Dimitrievska v Dale [2024] ACTMC 3

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Assault Occasioning Actual Bodily Harm – self-defence where defendant is the original aggressor – application of the common law test in Zecevic

Charge dismissed.

Banic Holdings v Papandrea Partners [2023] ACTMC 56

CIVIL PROCEDURE – r 1604 of the Court Procedures Rules 2006 (ACT) – Application to return property – Requirement for specificity in good sought – not an application for discovery – similarity to procedure on subpoena application

Judgment for the defendant. Claim dismissed

Mower v Bozic [2023] ACTMC 41

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Mental Impairment – s 334 of the Crimes Act 1900 (ACT) – consideration of whether the mental impairment is treatable or otherwise amenable to management

Application pursuant to section 334 dismissed.

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21 February 2024

Director-General, Community Services Directorate v NW and LW [2023] ACTCC 3

CARE AND PROTECTION – child welfare – extension application – best interests of young person – allocating parental responsibility

Police v Abel; Police v Adams; Police v Kelly; Police v Molan; Police v Wurcker [2024] ACTMC 1

CRIMINAL LAW – PUBLIC ORDER OFFENCES – Unreasonable Obstruction – Protest – Climate Change – Criminal Code Act 1995 (Cth) – Defence of Sudden or Extraordinary Emergency.

Defendants found guilty of the offence charged

Woodburn v NE [2023] ACTCC 2

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – compounding offence – particulars – test on a no case submission – circumstantial evidence

No case submission rejected

TN v II [2023] ACTMC 50

PERSONAL VIOLENCE ORDER – JURISDICTION, PRACTICE AND PROCEDURE – interim personal protection order – power to appeal – power to review

Application to revoke the interim personal order made by a Deputy Registrar refused.

Police v Tenzin [2023] ACTMC 49

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE – driving whilst suspended – strict liability offence – collateral challenge to validity of suspension - excuse of honest and reasonable mistake – notice of suspension presumed to be delivered – mistake of law – mistake of fact was not available

Defendant found guilty of the offence charged

Police v Topic [2023] ACTMC 47

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE – driving whilst right to drive was suspended – strict liability offence - excuse of honest and reasonable mistake – notice of suspension received by Defendant – Defendant failed to read suspension notice – mistake of fact, not mistake of law – mistake was not reasonable

Sporco Investments Pty Ltd v Le Messurier (No 2) [2023] ACTMC 46

DAMAGES – Interest

PROCEDURE – Costs and indemnity costs in proceedings under the “Leases (Commercial and Retail) Act 2001” s 154

Police v Eduardo Gomes Parreiras [2023] ACTMC 43

CRIMINAL LAW – EVIDENCE – evidence improperly or illegally obtained – overt use of body worn cameras – application of s 43B of the Crimes (Surveillance Devices) Act 2010 (ACT) – consideration of s 138 and s 139 of the Evidence Act 2011 (ACT) – body worn camera footage inadmissible in circumstances where the use of the camera was not overt

In the matter of three deaths of AFP appointees in the Australian Capital Territory [2023] ACTCD 12

Summary of Findings

CORONIAL LAW – mental health, death by suicide with AFP firearm – gun safety and mental health – mental health governance within the AFP – matters contributing to the cause of death.

Harrop v Evanson (a pseudonym) [2023] ACTMC 28 (Sentence)

CRIMINAL LAW – Judgment and Punishment – Sentence – Assault Occasioning Actual Bodily Harm – Family Violence  – Conviction

Police v Benz [2023] ACTMC 40

CRIMINAL LAW – CAMPING OFFENCES – Camping on unleased National Land – definition of ‘camping’ – s 68 Australian Capital Territory National Land (Unleased) Ordinance 2022 (Cth)

Police v Roberts [2023] ACTMC 38

CRIMINAL LAW – DRIVING OFFENCES – Driving with a prescribed concentration of alcohol in breath – whether alcohol concentration levels constitute separate offences – relevance of blood-to-breath alcohol ratio

Police v Axl Joseph (a pseudonym) [2023] ACTCC 1

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Australian Capital Territory Childrens Court - sentencing of young offenders – sentencing practice – relevant considerations – parity – offending whilst on conditional liberty – totality – Aboriginal offenders – Bugmy – Verdins – consideration of dismissal under care and protection provisions or sentencing at law – imprisonment only appropriate option on some charges – significant time in custody – partially suspended sentence – absence of bail support program for Aboriginal young people or children – absence of culturally specific programs

Damiano v Dhaliwal [2023] ACTMC 36

CIVIL LAW – Counter-claim – Original Application Struck Out – Commercial Lease

Alcock v KEM Projects Pty Ltd (No 2) [2023] ACTMC 35

CIVIL LAW - COSTS – where costs follow the event – where plaintiffs enjoyed mixed success on multiple causes of action – where Calderbank offer was refused

BE v NE [2023] ACTMC 32

CIVIL LAW – FAMILY VIOLENCE ORDER – considerations under Family Violence Act 2016 (ACT)

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8  September 2023

Calatzis v Jones [2023] ACTMC 33 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Act of indecency without consent – Objective seriousness - Totality

United Rentals Australia Pty Ltd v Pacific Formwork (AUST) Holdings Pty Limited [2023] ACTMC 30

CIVIL LAW – Application for damages in the torts of trespass, conversion or detinue – Applicability of the Uncollected Goods Act 1996 (ACT) – whether costs claimed under the Uncollected Goods Act 1996 (ACT) are reasonable

ACT Commercial Builders Pty Ltd and Anor v BBSJ Partners Pty Ltd and Anor [2023] ACTMC 31

CIVIL JURISDICTION – commercial construction – costs -multiple offers including Calderbank offers and offers of compromise pursuant to Rule 1002 – claim for indemnity costs - question of whether exceptional circumstances arise

Barnes v Vollmer [2023] ACTMC 29

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – assault occasioning actual bodily harm, assault front line community service provider – intoxication – disorderly behaviour – power of arrest.

Heaven Builders Pty Ltd v Moustafa [2023] ACTMC 27

CIVIL PROCEDURE – INTERLOCUTORY APPLICATION – strike out application – whether Third-Party statement of claim discloses reasonable cause of action – where pleading fails to comply with the procedural rules to such an extent that it fails to expose the case the party intends to run – whether leave to replead should be given – where certain causes of action sufficiently disclosed to warrant granting of leave to replead

Howard v Holdaway [2023] ACTMC 26

TORTS – NEGLIGENCE – Breach of duty – injury sustained opening sash window– breach of duty of care alleged – evidence does not establish Defendant knew or ought to have known of the risk of harm – breach of duty not established on the evidence

Langfield v Anderson; Anderson v Langfield [2023] ACTMC 25

FAMILY VIOLENCE– Issue of subpoena – protected confidence –  general immunity of protected confidence – leave to produce – sexual and family violence offence proceedings – family violence order – cross examination by an unrepresented party – burden of proof – length of order, special or exceptional circumstances – costs

Middlemiss v Paget (a pseudonym) [2023] ACTMC 18 (CC 11950 of 2021; CC 119523 of 2021; CC 6574 of 2022; CC 1593 of 2022)

CRIMINAL LAW – Judgment and Punishment – Sentence – unauthorised possession of prohibited firearms – possessing ammunition – possession of firearm – possess drug of dependence.

Elias v Monaghan [2023] ACTMC 21

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – ride in stolen vehicle – recklessness.

Chard v Williams (a pseudonym) [2023] ACTMC 20

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – violent disorder – affray – flight as evidence of guilt.

O’Shaughnessy v Fleming [2023] ACTMC 19 (Sentence)

CRIMINAL LAW – Judgment and Punishment – Sentence – assault occasioning actual bodily harm – ‘one punch’ assault – escape custody – young offender

Decision:  Imprisonment – 3 months, 18 days – wholly suspended. Bond to be of good behaviour and supervised for 18 months.

The Meem Collective Pty Ltd v Kajula Pty Ltd [2023] ACTMC 23

CIVIL LAW – COMMERCIAL LEASE DISPUTE – Application to set aside interlocutory order and release party from undertakings given by consent

Inquest into the death of Liam Fletcher Moors [2023] ACTCD 10

CORONIAL LAW – death in care – cause and manner of death – whether issue with quality of care, treatment or supervision – whether matter of public safety arises.

In the matter of four deaths by drowning in the Australian Capital Territory [2023] ACTCD 11

The Inquest into the death of Najeebullah Rafee

The Inquest into the death of William Spencer Hooley

The Inquest into the death of Meredith Nancy Hooley

The Inquest into the death of Dinh Ta Nguyen

CORONIAL LAW – cause and manner of death – matter of public safety – drowning in inland waterways – water awareness and safety.

Derek Brammall v Benedict Ian Stevens [2023] ACTMC 24

CIVIL LAW – defamation – application for default judgment – publication and identification – whether publication is defamatory – serious harm to be found as element of cause of action – assessment of damages

Inquest into the death of Merren Elizabeth Bartley [2023] ACTCD 9

CORONIAL LAW – death in care – cause and manner of death – whether issue with quality of care, treatment or supervision – whether matter of public safety arises.

Bost Civil Pty Ltd v Cornerstone Building Developments Australia Pty Ltd (No 2) [2023] ACTMC 17

BUILDING AND CONSTRUCTION – Application for summary judgment for defendant – contractual bar to make final payment claim – estoppel

Decision: 1. The application in proceeding filed by the defendant on 3 March 2023 is dismissed.
2. The defendant to pay plaintiffs costs associated with the defendant’s application in proceedings.

Police v Morton [2023] ACTMC 16

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Committal – test to be applied by Magistrate in determining whether to commit defendant for trial – whether possible to commit with respect to statutory alternative to charged offence.

CRIMINAL LAW – Obtain property by deception – theft – electronic transaction.

Defendant committed for trial on each of the charges before the court.

Scott v Aulich and Papandrea (No 2) [2023] ACTMC 3

CRIMINAL LAW –  PRACTICE AND PROCEDURE – application to cross-examine witnesses at committal proceedings – operation of s.90AB Magistrates Court Act 1930 (ACT) – whether interests of justice could adequately be satisfied by leaving cross-examination of witnesses to trial – whether application is collateral challenge to warrant or MCO authority – whether Evidence Act 2011 (ACT) applications should be made at trial

Police v Donnelly [2023] ACTMC 14

CRIMINAL PROCEDURE – entry of pleas – withdrawal of guilty plea – correct legal test to be applied on application for leave to withdraw guilty plea before conviction and sentence – whether necessary to demonstrate that a miscarriage of justice would occur if leave were refused – considerations bearing upon “interests of justice” test

MB v KK; KK v MB [2023] ACTMC 12

CIVIL LAW – PERSONAL VIOLENCE ORDER – considerations under Personal Violence Act 2016 (ACT)

Brooke Grey v Agnew Building Supplies Pty Ltd [2023] ACTMC 13 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Workplace Injury

Saddler v Wakim [2023] ACTMC 11

CIVIL LAW – PRACTICE AND PROCEDURE – Costs - s154 Leases (Commercial and Retail) Act 2001 (ACT)

Inquest into the death of NICOLE LOUISE ABBOTT [2023] ACTCD 8

CORONIAL LAW – death in care – cause and manner of death – whether issue with quality of care, treatment or supervision – whether matter of public safety arises.

Sporco Investments Pty Ltd v Le Messurier [2023] ACTMC 10

MAGISTRATES – Jurisdiction and procedure generally – application of the “Leases (Commercial and Retail) Act 2001”

LANDLORD AND TENANT – Retail and commercial tenancies legislation – Distinction between replacing existing lease and creating additional lease

TORTS – Trespass – Trespass to Land and Rights of Real Property – Trespass by failing to remove waste following end of lease and within a reasonable time – Director of company as joint tortfeasor

Police v Ammoun [2023] ACTMC 9 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – discharge a firearm at a building – possession of a firearm – admissibility and consideration of victim impact statements – consideration of De Simoni principle – delusional disorder – consideration of Verdins principles – whether additional discount for assistance in administration of justice warranted

Inquest into the Death of Ruth McKay [2023] ACTCD 7

CORONIAL LAW – cause and manner of death – acute bronchopneumonia – death in care - no criticism of treating clinicians – matters of public safety in relation to operation of aged care facility - delay in coronial proceedings – non-publication order

Tahlia Fenech v Shankar Ramalingam [2022] ACTMC 29

CRIMINAL LAW – PARTICULAR OFFENCES – Stalking – Recklessness

Inquest into the Death of Herman Henrich Holtz [2023] ACTCD 6

CORONIAL LAW – cause and manner of death – industrial accident involving unsafe operation of crane on a work site - breaches of Work Health and Safety Act 2011 (ACT) – lengthy delay in criminal proceedings – consequential delay in coronial proceedings – administration of justice

Stewart Architecture Pty Ltd v Little Penguins Group Pty Limited [2023] ACTMC 8

PRACTICE AND PROCEDURE – application to set aside default judgment– costs - whether ‘general rule’ should apply that party seeking to set aside default judgment should pay the costs of the other party – where default judgment was irregular – where plaintiff did not give notice of intention to apply for default judgment – default judgment set aside - plaintiffs to pay defendant’s costs of the application.

Kosteski v DXC Technology Australia Pty Limited [2023] ACTMC 7

CIVIL LAW – EVIDENCE – Finding of Fact – Workers Compensation – Workers Compensation Plan – Psychological Injury – Disputed Expenses

Police v Kinnara Connors [2022] ACTMC 6 (Sentence)

Galambany Court – Circle Sentencing – assault occasioning actual bodily harm – assault – victim impact statement of family member – childhood disadvantage – intensive correction order – significance of culture to wellbeing, healing and rehabilitation

Inquest Into the death of Christiaan Adriaan Roodt [2023] ACTCD 5

CORONIAL LAW –– cause and matter of death ––student safety – activities conducted in bushland – adequacy of supervision – risk assessment processes - matter of public safety

Tyrone Smithers v Capitol Chilled Foods (Australia) Pty Ltd [2023] ACTMC 5

Sentence – Workplace Injury

Inquest into the death of Brontë Haskins [2023] ACTCD 4

CORONIAL LAW - cause and manner of death - death by suicide – death of person on bail and subject to supervision and monitoring conditions

Instyle Estate Agents Gungahlin Pty Limited v Richard James Hambrook [2023] ACTMC 1

CIVIL LAW – EVIDENCE – Finding of Fact – Deed of settlement and release – intention of the deed – parole evidence rule – unconscionable behaviour – equity – decision

Inquest into the Death of Patricia (Jill) Croxon [2023] ACTCD 3

CORONIAL LAW – cause and manner of death – medication administered in the wrong form - incompatible medications - no criticism of treating clinicians – matters of public safety addressed by systemic changes to prescription and administration practices - delay in coronial proceedings

Inquest into the death of Joshua [2023] ACTCD 2

CORONIAL LAW – Mental health - death by suicide at an ANU residence – lack of co-ordinated mental health care between ACT Mental Health Service and ANU – disclosure of personal health information to family – review of ANU mental health strategy.

Death of Maarouf El-Cheikh [2023] ACTCD 1

CORONIAL LAW – cause and manner of death – inadequate hospital treatment of sepsis – systemic failings - matters of public safety – delay in coronial processes

Bost Civil Pty Ltd v Cornerstone Building Developments Australia Pty Ltd [2022] ACTMC 27

BUILDING AND CONSTRUCTION – Application for summary judgment for defendant – contractual bar to make final payment claim – estoppel

Police v Ronald Tracey [2022] ACTMC 26 (Sentence)

Murphy v Helmling (No 2) [2022] ACTMC 25 

CRIMINAL LAW – DRIVING OFFENCES – Driving with a prescribed drug in oral fluid – mistake of fact – intervening conduct or event – presence of prescribed drug

Bakes v Holt [2022] ACTMC 24

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE — indecent assault – historic offences – desirability of hearing and determining charges summarily

The Court declines to hear and determine these charges summarily

Linden v Foster [2022] ACTMC 23

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – pre-trial application – application for a permanent stay of the proceedings – act of indecency without consent – right to silence

Peter James Brettell v Coral-Lee Friebel [2022] ACTMC 21 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated Dangerous Driving – property damage by motor vehicle - risk to police – risk to public – intensive corrections order

Inquest into the death of Mrs Judith Gaye Flynn [2022] ACTCD 5

CORONIAL LAW – cause and manner of death – matter of public safety – hospital fall – assessment of risk of falls – hi-low beds – supervision of patients – choice of ward

Jeffery Jervis v Tian-Jarrah Denniss [2022] ACTMC 20 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Galambany Court – Circle Sentencing – assault – damage property – offences committed while in custody – direction to serve concurrently with existing sentence – special circumstances apply – childhood disadvantage – mental impairment

Bakes v Alexander (No 2) [2022] ACTMC 19

CRIMINAL LAW – Theft of chose in action by president of sporting club – whether conduct dishonest

James Edward Goodwin v Jeremy Rhind [2022] ACTMC 18

CRIMINAL LAW – PARTICULAR OFFENCES – “unreasonable obstruction” – right to silence after arrest

Jude Middlemiss v Ali Bilal [2022] ACTMC 17 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment –Use carriage service to threaten serious harm – Use carriage service to menace/harass/offend

Sentence – sentencing federal offenders – relevant commonwealth sentencing considerations – utilitarian benefit of early guilty plea

Mcintosh v Canberra Choral Society [2022] ACTMC 16

CIVIL JURISDITION – Award of damages – Temporary stage set up causing hazard - Duty of Care - Breach of duty and causation - Contributory Negligence

Robert James Polosak v Joshua Asfour [2022] ACTMC 14

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Offending occurred during existing intensive corrections order

Zachary Cash v Keith Touro [2022] ACTMC 13

CRIMINAL LAW – JURISDICTION – FITNESS TO PLEAD - Statutory construction of s 335 Crimes Act 1900 (ACT) – Whether s 335 applies to summary only offences

Michael Foster v Better Building Holdings Ltd [2022] ACTIC 2

Inquest into death of Dean Christopher Brice (No. 2) [2022] ACTCD 4

CORONIAL LAW – death in care – no issues of quality of care, treatment and supervision – no matters of public safety – recommendations made in relation to mental health scheme

Police v “Sanford” (a pseudonym); Police v “Glover” (a pseudonym) [2022] ACTCC 1 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – affray – significance of context to affray – parity – youth sentencing principles – extra curial punishment – reprisal attacks – assistance to authorities

Murray v Tulikaki [2022] ACTMC 12 

Inquest into the Death of Riharna Louise Thomson [2022] ACTCD 3

CORONIAL LAW - cause and manner of death - fall from horse during track  training - industrial accident - fall due to catastrophic horse breakdown due to horse itself or inconsistent track - hearing unnecessary

Inquest into the Death of Pamela Vance [2022] ACTCD 2

Nathan Etheredge v Chaka Freeman [2022] ACTMC 11

Paul Francis Moore v Susan Elizabeth Moore [2022] ACTMC 7

PRACTICE AND PROCEDURE – COSTS – value of clock the subject of dispute was below the $25,000 jurisdictional threshold in s 266A of the Magistrates Court Act 1930 (ACT) – leave not required for the plaintiff to discontinue proceedings – leave granted to discontinue under r 1160(2) of the Court Procedures Rules 2006 (ACT) to allow the court to determine costs under r 1163(2) – no evidence plaintiff enquired as to the value of the clock prior to commencing proceedings – where plaintiff’s submissions extended the duration of proceedings – where defendant failed to disclose a valuation despite correspondence indicating the need for one – costs awarded to defendant up until the date of correspondence – costs awarded to plaintiff after the date of correspondence

Madders v Tiffen and Tiffen (No 2) [2022] ACTMC 5

CRIMINAL LAW – HEARING – joint commission – capturing visual data involving invasion of privacy and indecency – possession of child exploitation material – tendency evidence – Edwards lie

Police v Rogers [2022] ACTMC 6

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – means of bringing proceedings to an end – implied powers of the Magistrates Court – finality in litigation – application to withdraw charges subject to court’s leave – court obliged to intervene where withdrawal results in abuse of process

Bradley Cummins v RAR Cranes Pty Ltd [2022] ACTIC 1

INDUSTRIAL LAW – INDUSTRIAL SAFETY, HEALTH AND WELFARE – Sentence – failing to comply with a health and safety duty – exposure to risk of death or serious injury or illness – financial capacity of corporation

Shane Anthony Scott v Benjamin Joseph Aulich [2022] ACTMC 4

Inquest into the death of Dean Christopher Brice [2022] ACTCD 1

CORONIAL LAW – death in care – causation – scope of inquest

Slocombe v Whittle [2022] ACTMC 3

CRIMINAL LAW -- JURISDICTION, PRACTICE AND PROCEDURE -- Judgment and Punishment -- Sentence -- Jurisdiction -- Unauthorised possession or use of prohibited firearms

Police v Paul Stanik [2022] ACTMC 2

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Driving with prescribed drug in oral fluid – contravene protection order – stalking with intent to harass – use carriage service to harass

Daniel Murphy v Karlene Helmling [2022] ACTMC 1

CRIMINAL LAW – DRIVING OFFENCES – Driving with a prescribed drug in oral fluid – presence of prescribed drug – de minimis non curat lex – noncompliance with a testing provision

Abha Narang (a pseudonym) v Parth Patil (a pseudonym) [2021] ACTMC 15

FAMILY VIOLENCE ORDER – JURISDICTION, PRACTICE AND PROCEDURE – Re-enlivening lapsed Final Order following application for extension made before original order ends – Family Violence Act 2016 (ACT) ss 83, 84 & 86 – ‘Slip Rule’ – Applicability of Court Procedures Rules 2006 (ACT) r 6906

Inquest into the death of Brandon Geoffrey Sager [2021] ACTCD 8

CORONIAL LAW – death in care – cause and manner of death – death by suicide – inpatient – ligature points – whether issue with quality of care, treatment or supervision – whether matter of public safety arising – matter of public safety arising but now addressed

Ashley Laidler v Michael Christopher Spong (a.k.a Donlan) [2021] ACTMC 18 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Culpable Driving Causing Grievous Bodily Harm – imprisonment – suitability of intensive corrections order or suspended sentence order – s 7 considerations - rehabilitation of youthful offenders

ACT Commercial Builders Pty Ltd and Anor v BBSJ Partners Pty Ltd and Anor(No 2) [2021] ACTMC 17

CIVIL JURISDICTION – commercial construction – restaurant fit out – New South Wales commercial building contract – failure to pay contract sum – variations to contract – counter-claim – liquidated damages pursuant to contract – misrepresentation – defective works

Inquest into the death of Jacob Alden Peter Cameron [2021] ACTCD 7

CORONIAL LAW – death in care – cause and manner of death – natural cause death – whether issue with quality of care, treatment or supervision – whether matter of public safety arises

Owen Patterson v Wendy Brookman [2021] ACTMC 16 (Sentence)

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – judgment and punishment – sentence – Galambany Court – Circle Sentencing – assault occasioning actual bodily harm – provocation – gravity of provocation assessed, having regard to relevant characteristics of defendant – experience of First Nations peoples - Invasion Day - Survival Day – Australia Day

Inquest into the death of Blake Andrew Corney [2021] ACTCD 6

CORONIAL LAW –cause and manner of death – matter of public safety – death caused by culpable driving – licencing requirements for heavy vehicle drivers – medical assessment and reporting of fitness to drive – collision-avoidance technology in heavy vehicles – recommendations

Uploaded

12 November 2021

Bradley Cummins v Multiplex Constructions Pty Ltd [2021] ACTIC 1

- INDUSTRIAL LAW – INDUSTRIAL SAFETY, HEALTH AND WELFARE – Sentence – failing to comply with a health and safety duty – exposure to risk of death or serious injury or illness – financial capacity of corporation

Uploaded

2 November 2021

Damiano v Dhaliwal [2021] ACTMC 14

CIVIL LAW – commercial lease dispute – no litigation guardian willing to be appointed – application to strike-out for want of prosecution

Uploaded

19 October 2021

Hawke v Smith (a pseudonym); Hawke v Brown (a pseudonym); Hawke v White; Hawke v Kirkwood; Hawke v Umunakwe; Hawke v West (a pseudonym) [2021] ACTMC 13

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – affray – significance of context to affray – individual culpability – totality – parity – youth sentencing principles – extra curial punishment – reprisal attacks – assistance to authorities – non-conviction order – likelihood of deportation

Uploaded

15 October 2021

Glenn William James v Christina Butler (a pseudonym) [2021] ACTMC 12

CRIMINAL LAW – ADMISSIONS – whether asserted lies by the defendant are "Edwards lies" constituting evidence of consciousness of guilt – dishonestly ride motor vehicle without consent – whether fault elements of recklessness and dishonesty are proved

Uploaded

29 September 2021

Slaviero v Nabytowiccz-Cannizzaro [2021] ACTMC 11

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Culpable Driving – imprisonment – intensive corrections order - general deterrence - rehabilitation of youthful offenders – utility of guilty plea – COVID-19 pandemic

Uploaded

7 September 2021

Inquest into the deaths of Anne Wachera Muhoro, Ezvin Munene Mugera, Furaha Murathime Muhoro; and Inquiry into a fire at 6 Peter Coppin Street, Bonner [2021] ACTCD 5

CORONIAL LAW – cause and manner of death – cause and origin of fire – mother caused death of children before her suicide by lighting fire

Uploaded

13 August 2021

Mitchell Supermarkets Pty Ltd v CJR Asset Management Pty Ltd [2021] ACTMC 10

CIVIL LAW – COMMERCIAL LEASE DISPUTE – Derogation of Grant – Breach of quiet enjoyment – termination of lease

Uploaded

6 August 2021

Inquest into the death of Kathleen Bain Henderson [2021] ACTCD 4

CORONIAL LAW – Cause and manner of death – matter of public safety – serious head injury arising from a fall – recommendation to conduct joint risk assessment

Uploaded

30 June 2021

Antonijevic v Malhi [2021] ACTMC 9

CIVIL LAW – damages for personal injuries – damages for negligence – pre-existing condition – whether injuries are attributed to the incident – whether the incident exacerbated pre-existing conditions

Uploaded

11 June 2021

Robens v Sproule [2021] ACTMC 8

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – drive while disqualified – effects of mandatory disqualifications – mandatory considerations for a non-conviction order – proportionality

Uploaded

21 May 2021

Kubler v Christopher Michael Gunner [2021] ACTMC 6

STATUTORY INTERPRETATION – STATUTORY DEFINITIONS – whether definition of “airgun” in Firearms Act 1996 (ACT) is invalid for same reasons as in DPP v Scheele [2016] ACTCA 23

CRIMINAL LAW – MISTAKE OF FACT – whether mistake asserted by defendant is a mistake of fact, a mistake of law or a mistake of mixed fact and law – analysis of asserted mistake – consequences under both common law and Criminal Code 2002 (ACT) s 35

Uploaded

21 May 2021

Build It Carpentry & Joinery Pty Ltd v John King & Anor [2021] ACTMC 1

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – settlement of contractual disputes – referral of dispute to third party decision-maker – whether dispute notice was valid having regard to matters then in dispute

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – whether court can review third-party determination – whether decision of third party decision-maker was void for legal error – whether a legal error was made – whether determination was made in accordance with the contract

Uploaded

21 May 2021

Costa v Goudappel & Anor [2021] ACTMC 7

TORTS – NEGLIGENCE – factual causation – claim for damages arising from motor vehicle accident – whether breach of duty caused harm

Uploaded

29 April 2021

Inquest into the death of Bradyn Stuart Dillon [2021] ACTCD 3

CORONIAL LAW – manner and cause of death – death of a child known to child protection agencies – information sharing across jurisdictions - eyes of the community on the child – reports of bruising – domestic violence - filicide

Uploaded

28 April 2021

Homegrown Me Pty Ltd [2021] ACTCD 2

CORONIAL LAW – inquiry into fire – gas explosion – portable commercial kitchen – uncapped gas pipe – misleading compliance plate

Uploaded

23 April 2021

Lauren Stone v Trinity Cook [2021] ACTMC 5

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PARTICULAR OFFENCES – Driving Offences – Property Damage Offences – menacing driving – intention to menace – value of property damaged

Uploaded

12 April 2021

Ashley Knowles v Eamon Thomas Hogan [2021] ACTMC 3

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Verdict – Driving offences – Strict liability – Intervening act – Evidential burden

Uploaded

6 April 2021

Madders v Tiffen and Tiffen (No 1) [2021] ACTMC 4

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE - EVIDENCE – whether to exclude improperly or illegally obtained evidence – considerations under s 138 of the Evidence Act 2011 – police powers – execution of search warrants – nature of ‘moving’ items under s 3K of the Crimes Act 1914 – time limits of moved items under s 3K of the Crimes Act 1914 – assigning authority to execute a search warrant – unlawful arrest – desirability of admitting evidence – public interest considerations

Uploaded

30 March 2021

Damian Watson v Jeremy Stiles [2021] ACTMC 2

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Driving offences – Drug offences – Non-conviction orders – Judicial discretion

Uploaded

4 March 2021

Inquest into the deaths of Anthony Leigh Bearham, Nicola Joy Fisher, Christine Belle Douch and Ken Alexander Lucas [2021] ACTCD 1

CORONIAL LAW – MENTAL HEALTH – 4 Inpatient Deaths by suicide at The Canberra Hospital Campus – ligature risks – hospital policy and procedure – recommendations

Uploaded

8 February 2021

Maher v Morrison [2020] ACTMC 26

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Totality – Family Violence

Uploaded

5 January 2021

Pruckner v Sharma [2020] ACTMC 23

CRIMINAL LAW

Uploaded

22 December 2020

Michael Noble v Milan Kajevic [2020] ACTMC 29

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – unauthorised possession of prohibited firearms – possessing ammunition – possessing an offensive weapon with intent – two pistols – semi-automatic pistol and revolver – high range of objective seriousness

Uploaded

22 December 2020

ACT Commercial Builders Pty Ltd & Anor v BBSJ Partners Pty Ltd & Anor [2020] ACTMC 28

CIVIL JURISDITION – Contract –  pleadings – application to exclude evidence contained in filed statements

Uploaded

22 December 2020

Michel v Broadlex Services Pty Ltd [2020] ACTMC 27

CIVIL LAW – NEGLIGENCE – Personal injury – plaintiff was injured at work after rushing to answer phone – whether defendant breached its duty of care where foreseeability of risk conceded – whether risk of harm was insignificant – whether reasonable person would have taken precautions - relevance of circumstances giving rise to the risk of injury being recurring circumstances – factual causation

Uploaded

21 December 2020

Inquest into the death of Kaitlin O’Keefe McGill [2020] ACTCD 7

CORONIAL LAW – cause and manner of death – whether information should be available to family members about person subject to psychiatric treatment order – recommendation for review made

Uploaded

15 December 2020

Inquest into the death of Daniel James Clement [2020] ACTCD 11

CORONIAL LAW – Cause and manner of death – Cause of death unascertained – Psychiatric Treatment Order

Uploaded

9 December 2020

Inquest into the death of Anthony Romanas Caristo [2020] ACTCD 9

CORONIAL LAW – cause and manner of death – excited delirium syndrome – methylamphetamine toxicity - use of taser – use of conducted electrical weapon (CEW) – police use of force – police training - deemed death in custody – matters of public safety – coroner’s power to make comments

Uploaded

19 November 2020

The Police v JH [2020] ACTMC 25

CRIMINAL LAW – Fitness to plead - Application to dismiss the charge under s 315(4) of the Crimes Act 1900 - Whether it would be appropriate to inflict any punishment on the defendant because of the trivial nature of the charge or the nature of the defendant’s mental impairment – age-related cognitive impairment

Uploaded

19 November 2020

Elder v Metyang [2020] ACTMC 24

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – Failure to answer bail – Service of notice

Uploaded

29 October 2020

Inquest into the death of Angela Parragi [2020] ACTCD 10

Uploaded

13 October 2020

Inquest into the death of Teresa Erika Foce [2020] ACTCD 8

CORONIAL LAW – cause and manner of death – cycle paths – whether public hearing necessary – whether matter of public safety arises

Uploaded

12 October 2020

The Police v AB [2020] ACTMC 16

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Crimes and offences against children – Historical offence – Indecent assault on male – Pleas of guilty

Uploaded

25 September 2020

Edwards v Craggs [2020] ACTMC 22

CRIMINAL LAW – SENTENCE mental impairment, prosecution election, s334 Crimes Act 1900 (ACT), prosecutor’s consent to dismissal

Uploaded

24 September 2020

Inquest into the death of Joanne Lea Lovelock [2020] ACTCD 1

CORONIAL LAW – cause and manner of death – use of medication – medical treatment

Uploaded

23 September 2020

Edwards v Gill [2020] ACTMC 21

CIVIL LAW - PARTICULAR OFFENCES – COURT PROCEDURE RULES Defamation, revenge porn, absence of defendant.

Uploaded

21 September 2020

SX v NT [2020] ACTMC 20

FAMILY VIOLENCE ORDERS – jurisdiction to make a family violence order under the Family Violence Act 2016 (ACT) – where both parties have no ongoing connection to the Australian Capital Territory – Extra-territorial legislative power

Uploaded

17 September 2020

Leapai v Flegg & Ors [2020] ACTMC 19

CIVIL LAW – PERSONAL INJURY – DAMAGES - car and bicycle collision – whether defendants breached their duty of care to the plaintiff – learner driver and instructor – failure to keep proper lookout - calculation of damages – claim of contributory negligence - contributory negligence of children

Uploaded

7 August 2020

Pruckner v Kuol [2020] ACTMC 18 (CC18/03630)

Uploaded

15 June 2020

Jones v Graham [2020] ACTMC 15

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – motor vehicle – assault – Directions Judge alone Trial, R v Clearihan

Uploaded

4 June 2020

Seima v Tennant [2020] ACTMC 13

CIVIL JURISDITION – Award of damages – third party insurance - Motor vehicle accident – general damages

Uploaded

3 June 2020

Inquest into the death of Clarke [2020] ACTCD 6

CORONIAL LAW – cause and manner of death – aspiration pneumonia – no matter of public safety

Uploaded

27 May 2020

Macri v Mckinlay [2020] ACTMC 11

CIVL LAW – NEGLIGENCE – motor vehicle accident – breach of duty of care admitted – causation – whether accident capable of causing injury and disability claimed by plaintiff – inconsistency between plaintiff’s oral testimony and contemporaneous medical notes – Mason v Demasi [2009] NSWCA 227 distinguished –quantum assessment

Uploaded

21 May 2020

Barker v Graham [2020] ACTMC 12

CIVIL JURISDITION – Award of damages – third party insurance - Motor vehicle accident – general damages

Uploaded

15 April 2020

Noble v Rappel [2020] ACTMC 8

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentencing – consecutive sentence – assault corrections officer

Uploaded

24 March 2020

Inquest into the death of Pitman [2019] ACTCD 13

CORONERS ACT – deemed death in custody – quality of care, treatment and supervision

Uploaded

23 March 2020

Inquest into the death of Vickery [2020] ACTCD 5

CORONIAL LAW – cause and manner of death – industrial accident – related indictable offences prosecuted – no matter of public safety – hearing unnecessary

Uploaded

12 March 2020

Linden v KA [2020] ACTMC 2

CRIMINAL LAW - PARTICULAR OFFENCES – EVIDENCE - Offences Against the Person - Indecent Assault -  Consent -  Recklessness - Advertent and Inadvertent Recklessness -  Complaint Evidence.

Uploaded

5 March 2020

Moloney v Zhu [2020] ACTMC 3

CIVIL LAW – assessment of costs - application of Road Transport (Third Party Insurance) Act 2008 – application of Civil Law (Wrongs) Act 2002 – mandatory final offer – non-economic loss

Uploaded

24 February 2020

Inquest into death of Julie Ann Hermans [2020] ACTCD 4

CORONIAL LAW – cause and manner of death – whether submissions raise questions as to cause of death – application of human rights legislation – “common sense” test of causation – whether public hearing necessary – whether matter of public safety arises

Uploaded

2 December 2019

Bektas & Anor v M and D Investments (ACT) Pty Ltd [2019] ACTMC 35

PRACTICE AND PROCEDURE – application to set aside default judgment – default judgment set aside by consent – costs – whether ‘general rule’ should apply that party seeking to set aside default judgment should pay the costs of the other party – application for default judgment made without warning – whether default judgment was irregularly obtained – whether mere technical error constitutes default judgment irregularly obtained – incorrect description of claim as a liquidated demand – meaning of liquidated demand – default judgment for specified amount wrongly obtained – application to set aside not seeking indulgence of the Court – default judgment should never have been signed – plaintiffs to pay defendant’s costs of the application

Uploaded

2 December 2019

Jones v Australian Capital Territory [2019] ACTMC 34

CIVIL LAW – application for special assistance under Victims of Crime (Financial Assistance) Act 1983 (ACT) – whether applicant was engaged in the commission of a serious crime or a minor crime at the time the injuries were sustained – whether applicant suffered “an extremely serious injury” – meaning of “extremely serious injury” – legislative test relates to the results of, not seriousness of, injury sustained – evidence does not prove on the balance of probabilities that impairment or disfigurement resulted in a great and permanent reduction in quality of applicant’s life or was otherwise extremely serious

Uploaded

29 November 2019

Ylisalo v Moodie & Ors [2019] ACTMC 36

PRACTICE AND PROCEDURE – PRELIMINARY DISCOVERY – application alleging failure to provide documents pursuant to s 68(1)(a)(i) of the Civil Law (Wrongs) Act 2002 (ACT) – whether documents produced were “about the accident” within the meaning of s 68(1)(a)(i) – whether the first defendant breached s 68(1)(a)(i) by late production of documents – application dismissed
PRACTICE AND PROCEDURE – application for summary judgment – strike out – whether threshold for summary judgment is met – where plaintiff’s claim against first defendant gives rise to a real question to be determined – application dismissed PRACTICE AND PROCEDURE – application for summary judgment – strike out – where second defendant did not exist at the time of the accident – consideration of possible pre-incorporation contract – consideration of plaintiff’s potential future claim being statute barred – plaintiff’s claim against second defendant struck out

Uploaded

6 November 2019

Inquest into death of Theadora Zaal [2019] ACTCD 17

CORONIAL LAW – cause and manner of death – in-hospital cardiac arrest following elective surgical procedure – history of heart condition – whether delay in defibrillation – whether subsequent failures to defibrillate shockable rhythms – whether sufficient appropriately trained staff available to assist in resuscitation – possibility that defibrillator did not detect shockable rhythm – unable to rely on resuscitation record – whether sufficient medical staff available at private hospital to cover emergencies – two matters of public safety – hearing unnecessary – recommendations made

Uploaded 5 November 2019

Inquest into death of Jeffrey Brown [2019] ACTCD 16

CORONIAL LAW – cause and manner of death – whether medical procedure contributed to death – whether appropriate investigations made – whether failure to diagnose complication of treatment – whether post-surgical treatment appropriate – conflicting expert reports – no matter of public safety – hearing unnecessary