A Selection of Recent Cases: 2009
Family Court
Federal Magistrates Court (FMCA)
• Jarrett & Jarrett [2009] FMCAfam 55. Property. Domestic violence contributions s.75(2) factors.
• Emerich & Emerich [2009] FMCAfam 74. Parenting. Children aged 9 & 7 where the children spent time regularly with the father between 2002 and December 2007.
• Bingham & Bingham [2009] FMCAfam 99. Property. Add backs contribution at date of separation should there be a Kennon-type adjustment.
Court of Criminal Appeal NSW
• Director of Public Prosecutions v Basic [2008] NSWCA 361.
Procedure. Bail before trial. Respondent’s incarceration in NSW family ties and legal defence based in Victoria.
• R v BWJ [2009] NSWCCA 333. Proceedings for trial. Sentencing. Crown Appeal maliciously inflict gbh upon a child by father.
• Forrest v R [2009] NSWCCA 11. Application for leave to appeal against sentence. Charge of murder. Plea of guilty to manslaughter accepted on the basis of provocation.
NSW Supreme Court
• Walden v Foodco Group Pty Ltd [2009] NSWSC 45. Application for interlocutory orders pending hearing of oppression suit application by plaintiff for order restraining other parties from acting upon and giving effect to resolution of general meeting removing plaintiff as a director.
• Putney Group Pty Ltd v The Royal Rehabilitation Centre Sydney [2008] NSWSC 1424. Indemnities. Construction of contract. Bank guarantees. Special rules as to construction.
• Coles Supermarkets Australia Pty Ltd v Stateland Developments Pty Ltd [2008] NSWSC 1425. Equitable remedies. Injunctions. Considerations upon which court exercises discretion.
High Court of Australia
• Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 Contract Law. High Court. Damages. Lease. Tenant. Covenant not to make any substantial alteration to premises without consent.
• PNJ v The Queen , HCA 10 February 2009.
Stabbing victim dies two years later. It has been held not to be unjust to bring murder charge.
• Cesan v Q [2008] HCA 52. 6 Nov 2008.
Miscarriage of Justice. Criminal Law. High Court.
Whether a Judge falling asleep during parts of trial is a miscarriage. New trial ordered.
Land and Environment Court
Law Week
Monday 11 May 2009 to Sunday 17 May 2009.
Promotions and offers typically accompany Law Week which sees solicitors giving something back to their community.
De Facto News
From 1 March 2009, de facto couples will be able to resolve their financial disputes in the federal family courts.
Criminal Law
• Common offences in the NSW Local Court: 2007
• Trends in the use of full-time imprisonment 2006–2007
