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WILD DOGS

When do you pursue an action in the Supreme Court of Victoria (Trial Division)? How do you balance the cost of legal fees with your choice of Barrister and instructing solicitors? What if it has taken you several years to mount this action in the courts and it has almost cost you everything you have? … Continue reading →

Jury Directions and Peremptory Challenges

Some information from the VLRC VLRC_Jury_Empanelment_Report VLRC_JuryDirections_FinalReport

Sacrifice – Leonard’s story

FARQUHARSON CASE

Some factors from the appeal. Criminal law Accused alleged to have murdered three children by driving car into dam; admissibility of expert medical and engineering opinion; post offence conduct; consciousness of guilt; failure of Crown to inform accused that witness for the Crown faced pending indictable offences R v Farquharson [2009] VSCA 307 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2007/464.html?stem=0&synonyms=0&query=farquharson http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2010/462.html?stem=0&synonyms=0&query=farquharson … Continue reading →

Resources

legalstudiesresources2011-2015

VCAT

The word.doc below is a Web Based Activity I will be delivering today on UNIT 4. Webquest VCAT and the Courts My personal choice of an excellent case that bypassed VCAT and was resolved in the County Court of Victoria. Print these 12 pages out and form an opinion as to why this case went … Continue reading →

Jurisdiction of the Courts

2012 exam question —————— b. Using the Magistrates’ Court as an example, explain the term ‘original jurisdiction’. 3 marks Full marks were awarded for a response that provided a correct explanation of the term ‘original jurisdiction’, and then provided the original civil and criminal jurisdiction of the Magistrates’ Court. The most common error seen in … Continue reading →

Disapproval of precedent – Trigwell Case

Disapproving a precedent is a strong signal from the courts that a law or previous precedent is ‘outdated.’ It is an excellent strength the court has in being a law-maker. Courts on the same level in the hierarchy can disapprove previous precedent. Both precedents will continue to operate until a higher court clarifies these decisions. … Continue reading →

The Role of the Courts

Unit 3 Chapter 5 Role of the Courts PART 1

Evaluate Australia’s Constitutional Protection of Rights

An evaluation of Australia’s Constitutional protection of rights is a possible question for the next SAC or your final examination when we look at the study design.. Last year in the final examination the Rights question was based on a comparison of the Australian system with the approach adopted by another of the selected countries … Continue reading →