High-profile man to appeal revocation of non-publication orders in rape case - 16 October 2023

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Daily wrap

• High-profile man accused of Toowoomba rape loses court bid to maintain anonymity | The Guardian

• Constitutional expert believes Voice vote could be the last referendum held in Australia - ABC News

• Court to discuss merging Reynolds' two defamation cases | PerthNow

• 13 October 2023 HCA special leave application results

• NSW on-the-spot fines for drug use and possession a 'double-edged sword', legal expert says - ABC News

• Vanessa Amorosi testimony ‘cannot be relied upon’, says mother’s lawyer

• Aussie lender ANZ loses case over troubled 2015 share placement worth $1.6 billion | Reuters

  • A copy of the judgment can be found here - Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 2) [2023] FCA 1217
    

• Wagga Wagga's move to circle sentencing benefits Indigenous offenders, community - ABC News

  • “In circle sentencing, respected Aboriginal community members, the offender's family, victims, and the Local Court Magistrate work together to determine an appropriate sentence.”
    

• Soulos v Pagones; Soulos v Soulos; Soulos v Soulos; Soulos v Pagones; Kristallis v Soulos; Kristallis v Soulos; Kristallis v Pagones [2023] NSWCA 243

  • The Court of Appeal (Ward P, Meagher JA and Mitchelmore JA) has allowed in part an appeal by Mr Nick Soulos and his son, Mr John Soulos from a decision of the Supreme Court restructuring the shareholding of the Soulos family company and amending its Constitution, but has otherwise dismissed their appeal from orders made in the oppression proceedings brought against them (and the estate of Nick’s mother) by Nick’s sister, Ms Maria Pagones. The Court has dismissed appeals by Nick and by the executors of the deceased’s estate from orders made in Succession Act proceedings brought by each of Nick’s siblings.
    

• Lieschke v Lieschke [2023] NSWCA 241- NSW Caselaw

  • The Court of Appeal (Leeming JA, Payne JA and Beech-Jones JA) has allowed an appeal by Malcolm Lieschke and Michelle Lieschke against a decision to set aside an arbitral award in their favour concerning the dissolution of a family farming partnership with Malcolm’s father, Errol Lieschke. The Court held that Errol was not denied a reasonable opportunity to present his “case” as the new “case” sought to be introduced via a new accountant was inconsistent with the initiating documents he had filed which had not been amended.
    

Editor’s picks

• Ceremonial sitting for Kiefel CJ’s retirement today.

• S Bottomley and S Bronitt, Law in Context (5 ed Federation Press, 2023)- Chapter 3 'First Nations Peoples, Law and Injustice' 

• Oklahoma Judge Exchanged 500 Text Messages During Murder Trial - The New York Times

• Mallonland Pty Ltd Acn 051 136 291 & Anor v Advanta Seeds Pty Ltd Acn 010 933 061 [2023] HCATrans 138 (13 October 2023) - a lesson in making sure you have a good internet connection when appearing before the HCA via AVL

  • “KIEFEL CJ: I am sorry, we just did not hear that, Mr Dunning. You froze just for a moment. Would you mind repeating that submission?”

  • “KIEFEL CJ: Mr Dunning, I am sorry, you just froze again. Could you just start that submission again, please. Just after your reference to the end of paragraph [213], if you could repeat your submission.”

• Podcast - Court in the Act 

  • “Do you live and breathe true crime? Want the inside story? All the juicy details?

    You’re in luck. Court in the Act with Tim Clarke goes inside the courtroom with an in-depth look at the cases happening right now.

    Join Clarke and Australia’s leading legal minds for all the twists and turns of the nation’s most interesting cases.”

For clarity it appears the below passage has now been removed from the published transcript

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