Judiciary, Legal Profession & Procedure News

WA Introduces Bill To Allow Minister To Direct Mass Murderers Not Be Considered For Parole

Friday 23 November 2018 @ 11.05 a.m. | Crime | Judiciary, Legal Profession & Procedure | Legal Research

On 18 October 2018 the WA Attorney General, Mr J.R. Quigley, introduced the Sentence Administration Amendment (Multiple Murderers) Bill 2018 (the Bill) into the Legislative Assembly. The Bill aims to establish a scheme of Ministerial directions by which a Minister may direct that a "designated prisoner', who is a convicted "mass murderer or serial killer", must not be considered for any parole or re-socialisation programmes. The WA Government sees the Bill as delivering on a key election commitment to help limit  trauma to the survivors of crime as well as the family and friends of murder victims.

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Incapacity for Work: SAS Trustee Corporation v Peter Miles [2018] HCA 55

In SAS Trustee Corporation v Peter Miles [2018] HCA 55 (14 November 2018) the High Court of Australia has unanimously allowed an appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales regarding the meaning and construction of the Police Regulation (Superannuation) Act 1906 (NSW) ("the Act") section 10(1A)(b)(ii) [see Miles v SAS Trustee Corporation [2017] NSWCA 86 (4 May 2017)).

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Tendency Evidence: McPhillamy v The Queen [2018] HCA 52

Thursday 8 November 2018 @ 1.47 p.m. | Crime | Judiciary, Legal Profession & Procedure

In Richard John McPhillamy v The Queen [2018] HCA 52 (8 November 2018), the High Court of Australia has delivered its reasons for orders it made on 9 August 2018, allowing an appeal from the Court of Criminal Appeal of the Supreme Court of NSW, quashing the appellant's convictions and directing a new trial (see McPhillamy v R [2017] NSWCCA 130 (14 June 2017)).

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High Court Dismisses Appeal: WET052 v The Republic of Nauru [2018] HCA 47

Friday 19 October 2018 @ 10.38 a.m. | Judiciary, Legal Profession & Procedure | Legal Research | Immigration

In the case of WET052 v The Republic of Nauru [2018] HCA 47 (17 October 2018), the High Court of Australia (“High Court”) has, on 17 October 2018, unanimously dismissed an appeal from a judgment of the Supreme Court of Nauru (the “Supreme Court”).

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Permanent Stay as Abuse of Process: UBS AG v Tyne [2018] HCA 45

Thursday 18 October 2018 @ 11.06 a.m. | Judiciary, Legal Profession & Procedure | Legal Research

In UBS AG v Scott Francis Tyne as Trustee of the Argot Trust [2018] HCA 45 (17 October 2018) the High Court of Australia has, in a majority decision, allowed an appeal from a decision of the Full Court of the Federal Court of Australia dealing with the power to permanently stay proceedings as an abuse of the processes of the court.

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