In order to avoid clumsy repetition, the word court is used to mean all nsw law. This book is intended to provide judges and lawyers with information that may be of assistance in. Acknowledgement of traditional owners qut acknowledges the traditional owners of the lands where qut now stands. Supreme and district court benchbook equal treatment benchbook ucpr bulletin. Supreme and dictrict court benchbook, benchbook, bench book, fraud, s 408c, s408, amended march 2017 created date. The annual queensland legal yearbook, succeeds the supreme court history program yearbook, which was published between 2005 and 2011. Australian law resource informing legal responses to domestic and family violence related cases in state and territory, federal circuit and family courts. The text of the sexual assault trials handbook reflects the law as it stands at any given time. If you cant pay the fine, you can apply to change it to unpaid community service. Anything that is the property of any person is capable of being stolen if it is a moveable. Australian federal police barristers bench books childrens court commonwealth. Queensland courts all criminal matters begin in a magistrates court. Aug 16, 2007 new senior judge administrator appointed to qld s supreme court. You can use this form to apply to search andor copy court documents that were used in civil or criminal cases in the queensland supreme, district, and magistrates courts.
The judicial branch, organized under the constitution and law, is one of five organs of power elected by the peoples congress, in the peoples republic of china according to constitution, the court system is to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. Waters v public transport corporation 1991 173 clr 349 at 402. Circumstances of aggravation robbery, assault, burglary armed. Benchbooks for queenslands courts including supreme and district courts, equal treatment and domestic and family violence protection. Criminal trial courts bench book judicial commission of. Civil trials bench book change of venue and transfer between new south wales courts 21200 change of venue change of venue between local courts 21210 transfer of proceedings between courts transfer to a higher court transfer to a lower court transfer between supreme court and land and environment court. Apply to search and copy court documents queensland. It was that jurisdiction which was held to be excluded, not by the terms of the supreme court act 1970, but by necessary implication from the new south wales equivalent of the payments act.
The supreme court library queensland acknowledges the traditional owners and custodians of country throughout queensland. For religious reasons, monks and nuns from cambodia, sri lanka, thailand, burma and vietnam may not directly look at a member of the opposite sex. The civil trials bench book has been prepared for use by judicial officers in. Queensland supreme court all the rules, important legislation, case lists and contact details on the one page. Queensland supreme and district courts bench book, courts. Use this form to apply to search and copy court of appeal documents and exhibits. People living in regional, rural and remote communities. The court has an inherent or incidental power to act effectively to regulate its own proceedings. Welcome to the website of the supreme court of jamaica. The judges of the district court were of the same view, adopting the recommendation of that court s strategic planning and budget committee. Requests to access court records can be made at the registry of the court in which the proceedings were initiated. This bench book was produced by the judicial commission of new south wales. This is due, to a large extent, to the efforts made by the respondent to. Downs investments pty ltd acn 010 729 567 in voluntary liquidation formerly known as wanless metal industries pty ltd plaintiff and.
This practice note replaces the previous version of sc eq 1 that was issued on 14 october 2009. The judiciary of australia comprises judges who sit in federal courts and courts of the states and territories of australia. Frequently requested documents department of justice and. The court can make the order on its own initiative if the court is satisfied that a protection order could be made against the of fender under s37 s 422. Legal aid queensland criminal law duty lawyer handbook chapter 12conduct of pleas of guilty 177 127 offender levies imposed under s 179c the offender levy is an administrative fee which is applied to any offender other than a child sentenced in the supreme court, district court or magistrates court whether or not a conviction is. Print apply to search and copy court of appeal documents. Previous remarks can still be accessed upon request to the sclq. We pay respect to elders past, present and emerging and commit to the spirit of meaningful reconciliation between indigenous and nonindigenous australians. Local court bench book judicial commission of new south wales. Sir harry gibbs legal heritage centre supreme court library.
Sheriffs office state criminal legislation state criminal regs supreme court contacts. The supreme court government of jamaica supreme court. Mineralogy, as plaintiff, commenced a proceeding in the supreme court of queensland against the respondent, bgp geoexplorer pte ltd bgp, as defendant. Apply to search and copy court documents your rights, crime. Section 12 of the transport infrastructure roads regulation establishes a prohibition. Queensland magistrates courts all the rules, important legislation, case lists and contact details on the one page.
People living in regional, rural or remote communities may be at greater risk of experiencing domestic and family violence, may be more vulnerable to its impacts, and may face additional barriers to accessing help due to a range of geographic, economic, cultural and social factors more likely to be present in smaller communities than in. Supreme court of queensland, equal treatment benchbook, 2016, 2nd. Launch of the supreme court equal treatment benchbook. Please note that sentencing remarks will not be published, where a conviction is not. To complete this form, you will need the file or indictment number, andor defendant or party names, andor details of the documents you want to view. The supreme court of queensland civil jurisdiction no. Prior to the preparation of a timetable for the serving of evidence the parties are to agree on the manner in which the electronic form of court book the electronic court book is to be established including, where it is to be established. The high court of australia sits at the apex of the australian court hierarchy as the ultimate court of appeal on matters of both federal and state law. The orange book is the last book prepared, because the written submissions of the parties are updated with page references to the red, blue and black books to assist the court in finding the material referred to in the appeal books. While the high court has made it clear that issues of pure credibility nevertheless warrant appeexamination, it remains significant in this case that the llate re evidence of the complainant, which was comprehensively tested over a lengthy period, was not inherently doubtful, was relatively cohesive and consistent, and. Benchbook on sentencing supreme court library queensland. Two subsequent pieces of legislation, including the additional judge act 1862 qld and the supreme court act 1863 qld, were also necessary to establish the courts operating system.
This page contains a form to search the supreme court of canada case information database. District court the district court is the second tier of the queensland court system after the magistrates courts. Organisations that deliver court related services may be eligible to book the courtrooms and court facilities for professional functions. Parties to appeals that are currently before the court can also apply for material on the associated primary court file to complete this form, youll need the file number, the appellant or party names and exact details of the documents you want. Contents national domestic and family violence bench book. Currency as amended to road transport amendment miscellaneous act 2019 no 21. For more information on registry locations, opening hours, and ecourts online document search facilities visit the queensland courts website. Case management judicial commission of new south wales. However, judges retain significant discretion and utilize an individualized.
Dec 16, 2019 benchbooks for queenslands courts including supreme and district courts, equal treatment and domestic and family violence protection. Perwaja steel sdn bhd defendant reasons for judgment b. It is a special case stated for the opinion of that. New senior judge administrator appointed to qlds supreme court.
Supreme and district courts benchbook childrens court child protection proceedings benchbook pdf, 1. The proceeding sought to be removed is bd676 of 2015 in the district court of queensland. Supreme court of queensland equal treatment bench book 11. By downloading the pdf version and opening the criminal trial courts bench book you are agreeing that it is your responsibility to ensure that you download the latest release of the bench book from the judicial commissions website so you have the latest pdf. This book is intended to provide judges and lawyers with information that may be of. Change of venue and transfer between new south wales courts. Supreme and dictrict court benchbook assualt occasioning bodily harm s 339 author. In april that year, the judges of the supreme court, in the course of their annual preeaster seminar, resolved to compile a contemporary version of the manual prepared by the judges in the 1980s with the assistance of former district court judge rf carter. The honourable justice peter garling rfd, supreme court chair. The court held that unlike the necessity at common law to establish the materiality of the false statement itself under s 123 the question is whether the false. Tribunal was that the respondent was the first queensland prisoner to request halal meat in jail. A court that convicts a person of an offence involving domestic violence can make a protection order naming the person as a respondent s26 and s42.
The common law position is stated by the majority of the high court in state of queensland v. It is an honour to have been asked to launch the equal treatment benchbook prepared and published by the supreme court of queensland. Magistrates court criminal law benchbook national domestic and family violence bench book supreme and district courts criminal directions benchbook. Chapter 12 conduct of pleas of guilty legal aid queensland.
Alan wilson, as the judge employed by supreme court of queensland, failed to provide me the protection as guaranteed. Aai limited trading as suncorp insurance abn 48 005 297 807 appellant v tai raymond mcquitty by his litigation guardians, katharina kirgis and robyn irene atkinson respondent stuart arthur midgley first defendantnot a party to the appeal. The purpose of this website is to provide visitors with information about the supreme and parish courts and to provide an interface for accessing information on the procedures and daily activities at the supreme court. Benchbooks for queenslands courts including supreme and district courts, equal treatment and. The principal substantive relief sought by mineralogy ranged over a number of declarations and orders claimed in the alternative, any one of which, if granted, would have relieved it.
Supreme and district courts criminal directions benchbook. Magistrates court criminal law benchbook supreme court. The commission thanks all the members of the civil trials bench book advisory committee for the generous donation of their time, support, energy, expertise and diligent advice. Apply to search and copy court of appeal documents your. A court can order a fine instead of, or as well as another sentence. They will remain on this page for approximately three months before being removed. Queensland court of appeal and high court of australia, help judges and magistrates determine an appropriate sentence. Equality before the law bench book law society of nsw.
We have produced the handbook in ebook and online formats to improve access and updates to content. Supreme and district court benchbook supreme court of qld. Supreme and dictrict court benchbook fraud s 408c author. Civil trials bench book judicial commission of new south.
Supreme and dictrict court benchbook, benchbook, bench book, assault occasioning bodily harm, s 339, s339, amended march 2017 created date. The supreme court library queensland sclq publishes sentencing remarks after revision by the sentencing judge. You can search by the scc 5digit case number, by name or word in the style of cause, or by file number from the appeal court. Queensland sentencing guide queensland sentencing advisory. Proceedings for an offence against the road transport legislation are to be dealt with summarily before the local court or the supreme court in its summary jurisdiction. The following amendments have been made to the local court bench book. When the application first came before the court it was adjourned because for reasons within the applicants responsibility the matter was not ready to proceed. Alan wilson, as the judge employed by supreme court of queensland, failed to recognize and acknowledge that the australian constitution is the primary law, c. The applicant then applied for leave to appeal to this court against those orders. The local court bench book is produced as a guideline only and is not intended to lay down or develop any principles of law.
Sep 27, 2016 the land court the first respondent which, whilst recommending refusal of applications by the second respondent for a mining lease under the mineral resources act 1989 qld 9 and an environmental authority under the environmental protection act 1994 qld,10 included alternative recommendations that both applications be. I acknowledge the traditional owners of the land on which we are meeting today. The property described in the indictment is a thing capable of being stolen. Sentencing bench book judicial commission of new south wales. It deals with serious criminal offences such as rape, child sexual offending, armed robbery and many serious drug offences. The district court can also hear an appeal against a sentence imposed by a magistrates court. For religious reasons, monks and nuns from cambodia, sri lanka, thailand, burma and vietnam may not directly look at a member of the.
Pursuant to section 5002 of the corporations act 2001 cth, the plaintiff has leave nunc pro tunc to commence and proceed with supreme court proceeding numbered 534 of 2016 against the first defendant, the third defendant and the fourth defendant, being lm. Criminal law duty lawyer handbook legal aid queensland. Sentencing remarks supreme court library queensland. Jury act 1977 by the terrorism high risk offenders act 2017.
As the only publication of its kind in queensland, the yearbook features scholarly articles on queenslands legal history, together with tributes to retiring judges and legal personalia for the year. This practice note replaces the previous version of sc eq 1 that was issued on 17 august 2005. By downloading the pdf version and opening the sentencing bench book you are agreeing that it is your responsibility to ensure that you download the latest release of the bench book from the judicial commissions website so you have the latest pdf version it is. The court process for rape and sexual assaults usually involves two separate court jurisdictions, the magistrates court and the district court.
Zeke services pty ltd acn 104 705 606 as trustee of the zeke discretionary trust first plaintiff and adam peter geaney second plaintiff v traffic technologies ltd acn 080 415 407 first defendant and. Section 94 of the road transport safety and traffic management act 1999 no 3 of. Using this bench book the contents of this bench book the information in this bench book covers the entire nsw court system criminal and civil, and all levels of courts. In particular, s 181 empowered a court to give such damages as the court may think proportioned to the injury, resulting from such death to the. Supreme court practice note sc eq 8 urgent matters in the equity division civil procedure act 2005 amendment history. This bench book is designed to help bermudian judges to fulfil their judicial oathby giving, so far as is humanly possible, the fullest recognition of all litigants right to equal treatment under the law. Attorneygeneral and minister for justice and minister assisting the premier in western queensland the honourable kerry shine thursday, august 16, 2007 new senior judge administrator appointed to qld s supreme court. All muslim prisoners in queensland jails who request halal meat are now provided with fresh halal meat. The amount depends on the type of offence and the court hearing the case. By downloading the pdf version and opening the criminal trial courts bench book you are agreeing that it is your responsibility to ensure that you download the latest release of the bench book from the judicial commissions website so you have the latest pdf version it is suggested that you check at least monthly. The links in each benchbook entry link to a copy of the judgment on either the supreme court library website or, for reported cases, to the relevant subscription service. It filed the certificate in the district court at southport pursuant to s 31 of that act, and on 12 january 2009 obtained a judgment in its favour against the applicant as follows the judgment of the court is that the defendant the. Two subsequent pieces of legislation, including the additional judge act 1862 qld and the supreme court act 1863 qld, were also necessary to establish the court s operating system.
The supreme court of queensland was founded on 7 august 1861, with the assent of the supreme court constitution amendment act 1861 qld. Road transport act 20 by the road transport legislation amendment. Resources act 1989 qld whether primary judge erred in holding that appellant mined lower purity silica sand for use in mortars or renders whether use of silica sand in mortars and renders is use for chemical properties as defined in s 6 mineral resources act 1989 qld whether. Protecting witnesses queensland courts afford victims of sexual offences, affected child witnesses and special witnesses protections when proceeding through court. The term judge s used here to includei court of appeal judges, supreme court judges and. Criminal trial courts bench book judicial commission of new. Request a courtroom booking queensland courts has a range of rooms and resources available for hire.
The attorneygeneral for the state of queensland has applied for an order pursuant to s 615a of the supreme court of queensland act 1991 removing a proceeding into this court. The supreme court is generally open access subject to specific court orders. Bs 600217 new acland coal pty ltd acn 081 022 380 and paul anthony smith, member of the land court of queensland and oakey coal action alliance inc. Civil trials bench book judicial commission of nsw. At the adjourned hearing the parties acquiesced in the court. Our resources provide clear, accurate and accessible explanations of the law in areas including civil and criminal proceedings, sentencing, jury directions, evidence, family violence and judicial wellbeing that are fundamental to the daily lives of judicial officers.
If you do not have access to the subscription services, a version of the judgment can generally be located by searching. A committee of judges comprising mcpherson ja, thomas ja, mackenzie j and robertson dcj coordinated much of the early work, with many judges of both the supreme and district courts. Read more about sentencing fines and penalties for offences. It was effectively confined to its own facts by symonds v the nominal defendant queensland 1992 1 qd r 444, 451452. It also has a statutory power and duty of case management. The weapon must be in the possession of the defendant and available for immediate use as a weapon.
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