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Supreme Court judge found guilty of assault
Geason J found guilty of assault, HCA hands down 2 decisions, sovereign citizen fun in R v Kirsten (a pseudonym) [2024] NSWDC 401 and Michael Hodge KC and Sonia Tame opinion on directors' duty under section 180 of the Corporations Act 2001 (Cth) published
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Daily wrap
Removal of a Tasmanian Judge - Anne Twomey - YouTube
“In the light of the recent conviction of a Tasmanian judge, Justice Geason, for a criminal offence of assault, this video considers the law in Tasmania for the removal of a judge and compares it to the Commonwealth position.
Tasmania does not have a clear constitutional provisional to deal with judicial removal (or 'amoval' as it was previously described). Instead, reliance is placed upon a British Act - the Colonial Leave of Absence Act 1782 - as affected by an early Tasmanian Act - the Supreme Court (Judges' Independence) Act 1857.
The video notes the uncertainties concerning the process for removal, as revealed by the Justice Lionel Murphy controversy, and potential constraints imposed by implications drawn from Chapter III of the Commonwealth Constitution. It also notes the prospect of an appeal and whether this should affect parliamentary action.”
Judgment summaries for the two decisions handed down by the High Court yesterday below:
Paula Hitchcock, love child of Visy packaging magnate Richard Pratt, allowed to continue fight for billion dollar fortune | news.com.au — Australia’s leading news site
Lawyers struggling to speak with clients in jail say 'access to justice' is at stake
Under pressure from clients and courts for criminal cases to move forward, some solicitors are leaving the profession in the face of barriers and delays.
The coroner probing WA's first recorded death in juvenile detention tells the Justice Department it looks like it "doesn't want an exploration" of evidence about the demographics of young people sent to the notorious Unit 18.
Editor’s picks
R v Kirsten (a pseudonym) - NSW Caselaw
[5] The accused indicated that rather than the name set out in the indictment she would only answer to the name “Kirsten a living woman” or “Kirsten… not her legal fiction name”: Tcpt, 5 August 2024, pp 19 and 42. I indulged her.
…
[7] When the charge was read in front of the accused and the jury panel, she refused to enter a plea. She said:
“I need to tell everyone here again in the presence of you jury potentials that I caused this court case, it wasn't the prosecution or the Department or the Court who caused this court case. I'm a living woman, I'm not a legal name, fiction and the matters that bring us here today is partly to address that ongoing problem that in society here of many, many people suffer, we have many, many what we would call unfair cases in every day where children are removed from loving homes on the basis of what's written on a piece of paper where there's not much evidence provided, if any, and where the mums and dads that come in are treated as if they're infants or otherwise incapable of representing themselves.”: Tcpt, 5 August 2024, p 42.
…
[51] At a number of times during the trial and in front of the jury, the accused directed personal insults toward me. For example, “There's a talking parrot in the corner, or the barking dog …”: Tcpt, 9 August 2024, p 444.
…
[103] I responded loudly, “No, no, I don’t want you approaching the jury … If you could put the phone down.”: Tcpt, 7 August 2024, p 297.
[104] She refused both directions. She then moved quickly from the bar table toward the jury box. As she did so the closest juror seemed to cringe and look away.
[105] I pressed the duress alarm. As I did so I directed the jury, “Leave now. Please leave. Please leave. Please leave.”: Tcpt, 7 August 2024, p 297.
Artificial Intelligence in Victoria's Courts and Tribunals: Consultation Paper
“This consultation paper discusses some of the benefits and risks of artificial intelligence, its potential uses in courts and tribunals, and how it might be regulated.“
Let us pay barristers more, ASIC–ACCC chiefs urge Labor [AFR paywall]
Junior silks can command up to $9500 a day from commercial clients, but only about $2730 from the government, a situation two watchdogs want to change.
A legal opinion by Michael Hodge KC and Sonia Tame, commissioned by the AICD, provides clarity for directors on the standard of care required in meeting their duty of care and diligence (under section 180 of the Corporations Act 2001 (Cth)) when overseeing a company’s compliance obligations.
Michelle Britbart KC (2022) - William and Lonsdale - Lives in the Law - Apple Podcasts
This week we revisit our wonderful conversation with barrister Michelle Britbart KC. Michelle practices primarily in common law, insurance law, public liability and personal injuries litigation, running trials in both the Supreme and County Courts. For many years Michelle grew her practice whilst also being a single mother to two young children. And on top of that, she managed to gain a Graduate Diploma of Genetic Counselling and a Masters in Health and Medical Law.
Sis, Are We Dating The Same Guy? Facebook groups paused as admins fear legal risks - ABC News
Your Honours will find that at [page numbers etc ...] in terms which, in our respectful submission, will not assist your Honours with the issues in this appeal.
GAGELER CJ: You might have told us that before you gave us the page references.
1/2
— High Court (Australia) Trivia (@HighCourtTrivia)
7:04 AM • Oct 16, 2024
Victoria's Constitution Amendment (SEC) Bill 2023 yesterday passed both Houses and awaits Royal Assent; "enshrining the State Electricity Commission in Victoria’s Constitution and protecting it from future Liberal governments".
premier.vic.gov.au/sec-back-good— Australian Constitutional Law (@ConstitLawAus)
10:49 PM • Oct 15, 2024
The High Court will tomorrow hear the appeal in Birketu Pty Ltd & Anor v Atanaskovic & Ors hcourt.gov.au/assets/registr…
— High Court of Australia (@HighCourtofAus)
5:13 AM • Oct 16, 2024
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