McBride told to expect custodial sentence

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Daily wrap  

• David McBride told to expect jail for alleged war crime document leak [The Age Paywall]
   

• Employers could face criminal penalties for contacting employees out of hours after right-to-disconnect laws pass - ABC News
   

  • The bill can be found here. In particular see amendments by the Greens here.
     

• Kurtley Beale says he's glad 'the truth has come out' after being cleared of sexual offences
   

• Queensland government loses appeal against $2.7m payout to Gold Coast mortgage fraud victims
   

• Lisa Wilkinson, 10 matter returning to court | TV Tonight
   

• Embattled Aboriginal law firm NAAJA commits to resuming full services, amid concerns funding will be stripped - ABC News
   

• NSW bureaucrat suspended with pay pending corruption investigation into Sydney property deal
   

• Court finds Block Earner crypto product needs financial services licence | ASIC
   

  • a copy of Jackman J’s judgment can be found here - Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64
     

• Federal Court of Australia Dismisses Oleg Deripaska's Legal Challenge Against Sanctions
   

  • Deripaska’s case was run by former federal Attorney General Christian Porter. A copy of Kennet J’s judgment can be found here - Deripaska v Minister for Foreign Affairs [2024] FCA 62

  • Porter practises from Geoffrey Miller Chambers in WA.
     

• Former immigration detainee befriended alleged Adelaide motel sexual assault victim, court documents reveal
   

• Former NBL basketballer Tiny Pinder admits 'stupid mistakes' at 'violent' sexual assault court hearing
   

• Police probe into home invasion in same south-east Queensland suburb where grandmother killed was 'entirely unsatisfactory,' judge found
   

  • a copy of the judgment can be found here - R v TD [2023] QChC 5
     

• Regulator takes power station to court over outage that left almost 500,000 homes without power
   

• Hundreds of Childrens Court matters are heard behind closed doors in Queensland every day, but there are calls for that to change
   

• Artistic duo in Sydney cannabis laws protest ‘vindicated’ as prosecutors drop charges | New South Wales | The Guardian
   

• 'Unfairly' sacked employees from Clive Palmer's resort awarded thousands of dollars compensation
   

• Canberra court hears major riot was started over lack of cigarettes and dessert
   

• Informer 3838: Lawyer Nicola Gobbo played double agent in risky underworld game with Tony Mokbel [SMH paywall]
   

• Federal MP’s sister tells Supreme Court judge he’s under arrest [The Advertiser paywall]
   

• Zambrero billionaire Sam Prince sues former CEO Stuart Cook [AFR paywall]
   

• Jean Nassif allegedly supplied 10kg of ice, court hears [SMH paywall]
   

Editor’s picks

• Robodebt probe to grind on, update reveals no APS sackings
   

• Lots of discussion about the meaning of the term “squirter” by Owens SC in an open court session of the Ben Roberts-Smith appeal on Friday.
   

  • See [589] - [590] of the decision at first instance for discussion of this term - Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
     

  • Open court sessions of the appeal will be live streamed here - Federal Court of Australia - YouTube
     

• Lunch with Brett McGrath (President of the Law Society of New South Wales) - Law Society Journal
   

• When will the next Australian federal election be held? - Anne Twomey - YouTube
   

• DLA Piper recognized for Best Use of Artificial Intelligence at Legalweek Leaders in Tech Law Awards | DLA Piper
   

  • Best Use of Artificial Intelligence, Law Firm: DLA Piper | Legaltech News [paywall]

    “In March 2023, DLA Piper significantly expanded its Artificial Intelligence and Data Analytics practice, and now has 14 data scientists and more than 100 lawyers, policy experts, and technologists globally who advise on AI adoption, testing clients’ AI for bias and compliance, create AI legal and compliance tech for clients, and more.”
     

• “The Right to Disconnect Laws Are Un-Australian. Our Founding Fathers Checked Emails Outside Work Hours” — The Shovel
   

• Tenenboim v R - NSW Caselaw 
   

  • Harrison CJ at CL [39] “Notwithstanding the authoritative and binding terms of Kentwell, there remains in cases such as this an unfortunate practical constraint upon an appellate court when proceeding to resentence. In the ordinary course of events, a sentencing judge will have had the opportunity to see and observe the appellant in this Court during either or both of the trial or the proceedings upon sentence. Expressions of remorse and statements of contrition, or the assessment of evidence given by an appellant in the Court below, if any, will necessarily form a significant part of the sentencing judge’s available resources. In the way of things, those advantages are not able to be utilised in the same manner on an appeal to this Court. Somewhat artificially, this Court is instead asked to rely upon or accept or adopt the findings made by the sentencing judge in the Court below, or not as the case may be. Even in cases, such as the present, where there is little or no dispute about those findings, the hope that a truly independent resentencing discretion is being exercised remains slightly illusory if there is no alternative to that course being followed.”
     

• Institutional Design and the Predictability of Judicial Interruptions at Oral Argument | Journal of Law and Courts | Cambridge Core
   

  • “Examining oral argument in the Australian High Court and comparing to the U.S. Supreme Court, this article shows that institutional design drives judicial interruptive behavior. Many of the same individual- and case-level factors predict oral argument behavior. Notably, despite orthodoxy of the High Court as “apolitical,” ideology strongly predicts interruptions, just as in the United States. Yet, important divergent institutional design features between the two apex courts translate into meaningful behavioral differences, with the greater power of the Chief Justice resulting in differences in interruptions. Finally, gender effects are lower and only identifiable with new methodological techniques we develop and apply.”
     

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