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Daily wrap
NSW District Court judge Peter Whitford launches attach on meritless rape cases [The Australian paywall]
a copy of the judgment here - R v Smith (a pseudonym) - NSW Caselaw
[79] - “For all these reasons, it seems to me that problems in the administration of criminal justice in the State, where they exist, need to be exposed. If judges remain silent in individual cases where a prosecution without reasonable prospects has been brought and maintained, then there is likely no prospect of a remedy for a problem that appears now to be endemic.”
A response from the ODPP here - Statement from the ODPP - Sexual assault prosecutions and R v Smith (a pseudonym) [2024] NSWDC 41 | ODPP
“The judge’s comments are unfounded and inflammatory, and are unequivocally rejected. There is no basis for the judge’s suggestion that there has been an increase in the number of sexual assault cases proceeding to trial on insufficient evidence. Conviction rates for sexual assault matters in NSW have remained consistent over the past five years, and Australian Bureau of Statistics data show that NSW consistently records a conviction rate equivalent to the national average in sexual assault matters.”
The further submissions filed can be found here (published 1 March 2024) - Lehrmann v Network Ten and Ors: Online File
a copy of the judgment found here - Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 3) [2024] FCA 156
“An Australian man has instructed his lawyers to actively pursue a maximum penalty for two charges he is facing.”
Editor’s picks
Kids or the law: the issue ‘no one is talking about’ [The Australian paywall]
“Young female lawyers are petrified of the ‘career-stunting’ effect becoming a mother can have on their jobs, with many choosing to wait until they make partner to have their first child.”
Soon to be released - Bar None - a Captivating Short Movie of Hope in 2024 - Darren Mort
“Bar None is a short movie commissioned by the Victorian Bar which grapples with the mental health issues faced by law professionals. Starring Darren Mort.”
5 judge FCAFC decision in relation to Hells Angels trademark dispute
Two FCA livestreams today (available here):
NSD917/2022 MUNJED AL MUDERIS v NINE NETWORK AUSTRALIA PTY LIMITED ACN 008 685 407 & ORS
Justice Abraham will conduct a hearing in this matter from Monday 4 March at 10.15am AEDT until Friday 12 April 2024.
VID565/2020 R AND N HUNTER PTY LTD ATF THE HUNTER FAMILY SUPERANNUATION FUND v COUNT FINANCIAL LIMITED
Justice Halley will conduct a hearing in this matter from Monday 4 March at 10.15am AEDT until Friday 22 March 2024.
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