Download or read book Interlocutory Criminal Appeals in Australia written by Greg Taylor and published by . This book was released on 2016-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Interlocutory Criminal Appeals in Australia is a guide to the law and practice relating to appeals prior to or during a criminal trial. It is directed toward solicitors and barristers practising in criminal law in New South Wales, Victoria, South Australia and Western Australia, DPP's, Police prosecutors, Legal Aid and the Courts. It also contains scholarly analysis, comparative material and consideration of possible reforms. This work considers the topic of interlocutory criminal appeals largely from a practical perspective, but also with some consideration of history, overseas law and future possibilities. The book is designed to provide guidance to criminal law practitioners on how interlocutory criminal appeals function - at the stage of seeking leave to appeal (if necessary), the appeal itself and the aftermath.
Download or read book Appellate Practice written by Graeme Blank and published by Federation Press. This book was released on 2008 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appellate Practice is a legal practitioners' guide to preparing for and conducting court appeals in Australia. Experienced contributors, drawn from a broad range of jurisdictions, provide thorough guidance on practical matters to assist practitioners: understand the objectives and requirements of Court Rules prepare better documentation write better submissions be more capable when addressing the appellate benchThe book will aid practitioners in developing their skills and understanding of the appellate process. It is ideal for barristers, students at bar reader courses and litigation solicitors. It will also benefit newly appointed judges whose background does not include appellate work.
Download or read book Miscarriages of Justice written by Bibi Sangha and published by . This book was released on 2015-09-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or AustraliaoÂeÂ(tm)s international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions. Features oÂeo Authoritative analysis oÂeo Examines leading Australian cases oÂeo Unique text on a new and developing area of law Related Titles D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Download or read book Ross on Crime written by David Ross and published by . This book was released on 2018-09-27 with total page 1838 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ross on Crime Eighth Edition is a unique, renowned and indispensable point of reference for all criminal law practitioners. It covers more than 350 terms and principles relating to criminal law practice in an easy to use A-Z format. As well as a succinct statement of the law on a particular subject, there is a summary of the leading case law in the area. It is the only Australian work that considers all aspects of criminal justice - substantive criminal law, criminal procedure, evidence and sentencing - and which does so across all Australian jurisdictions. The late David Ross QC's highly original work is again updated by Mirko Bagaric, maintaining the book's encyclopaedic format and impressive scope. The Eighth Edition incorporates the many case law decisions and legislative changes that have occurred since the last edition. These include More than 30 new High Court changes; Significant developments in sentencing jurisprudence Australia-wide; Major changes to the interpretation and application of the Uniform Evidence Law; and More than 100 important legislative amendments throughout Australian jurisdictions. Legal practitioners across Australia valued and enjoyed the wisdom and wit of the late David Ross QC over many years and seven editions of this unique work. Mirko Bagaric ensures Ross on Crime continues to impress and inform criminal lawyers, judges and many others. It is essential reading for anyone interested in the criminal law
Download or read book Indictable Offences in Victoria written by Ian R. Freckelton and published by . This book was released on 2010-01-01 with total page 1244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indictable Offences in Victoria 5th Edition, is an invaluable resource for legal practitioners and police, assisting those who have responsibility for charging defendants and for prosecuting and defending them in the Victoria's criminal justice system. The work comprehensively and clearly sets out all matters relevant to the prosecution of indictable offences in Victoria utilising a succinct alphabetical catalogue of all indictable offences. Expert commentary by eminent barrister and academic, Dr Ian Freckelton SC, is accompanied by the text of the relevant legislative provisions. The fifth edition is revised to incorporate new offences from the Crimes Act 1958. It also deals with offences under a range of other legislation including the Occupational Health and Safety Act 2004, the Infertility Treatment Act 1995, the Environmental Protection Act 1970 and the Marine Act 1988. References to textbooks, looseleaf services, articles and caselaw are all significantly updated to ensure Indictable Offences in Victoria continues to provide an excellent practical guide to criminal justice in Victoria, while ensuring the work is also accessible to students of law and legal studies. Indictable Offences in Victoria 5th Edition is an essential resource for anyone practicing, enforcing or studying criminal law in Victoria.
Download or read book Civil Appeals written by Michael Burton and published by Xpl Pub. This book was released on 2011-12-01 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
Download or read book Road Safety Law Victoria written by Greg Connellan and published by . This book was released on 2015-08-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Court of Australia Act 1976 Australia 2018 Edition written by The Law The Law Library and published by Createspace Independent Publishing Platform. This book was released on 2018-05-29 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Court of Australia Act 1976 (Australia) (2018 Edition) The Law Library presents the complete text of the Federal Court of Australia Act 1976 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Federal Court of Australia Act 1976 (Australia) (2018 Edition) - A table of contents with the page number of each section
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Download or read book AUSTRALIAN CIVIL PROCEDURE written by BERNARD. CAIRNS and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Appeals and Reviews in Victoria written by Christopher Thomas Corns and published by . This book was released on 2016-11-29 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This new work is of very great importance. It will assist both the experienced practitioner and the newcomer to ... identify the appropriate appeal mechanism...locate the procedural requirements...and to prepare the necessary documentation...I congratulate the authors on their industry and learning, and on recognising the need for a work of this kind." - From the Foreword by The Honourable Chris Maxwell AC, President of the Court of Appeal, Supreme Court of Victoria.
Download or read book Sentencing Bench Book written by Judicial Commission of New South Wales and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Download or read book The Australian Judiciary written by Enid Campbell and published by Cambridge University Press. This book was released on 2012-11-27 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.
Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.
Download or read book The Australian and New Zealand Law List written by Andrew Hemming and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This important text combines commentary with primary sources to provide a contextualised approach to the legal principles underpinning criminal procedure in Australia. It offers a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state and territory legislation and case law in the fields of police investigation and Crown prosecutor¿s powers and duties across all jurisdictions. The fully revised and extensively updated second edition includes developments in search and seizure, criminal infringement notices, and reforms in the areas of bail, committals and early guilty pleas, jury directions and sentencing (including expansion of Intensive Correction Orders in NSW). Important new cases include North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015, HCA) ¿ detention of intoxicated persons; Prior v Mole (2017, HCA) ¿ reasonable suspicion; Lee v NSW Crime Commission (2013, HCA); Strickland v DPP (Cth) (2018, HCA) ¿ permanent stay of prosecution; Kalbasi v Western Australia (2018, HCA) ¿ the proviso; Rodi v Western Australia (2018, HCA) ¿ fresh evidence; AB v CD (2018, HCA) ¿ prosecutor's duty of disclosure; Pell v R (VSCA, 2019) ¿ unreasonableness appeal ground; and DPP Reference No 1 of 2017 (2019, HCA) ¿ Prasad directions. This comprehensive and accessible book is of practical assistance to practitioners, police, prosecutors and anyone involved or interested in the criminal prosecution process, while the contextualised and critical approach to legal doctrine provides academics, students and researchers with reliable guidance in this complex area.
Download or read book Media Law in Australia written by Lesley Hitchens and published by Kluwer Law International B.V.. This book was released on 2020-05-21 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Australia surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
