Tony Strickland (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors
Case No.
M168/2017
Related matters:
M174/2017 - Donald Galloway (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
M175/2017 - Edmund Hodges (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
M176/2017 - Rick Tucker (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
Case Information
Lower Court Judgment
25/05/2017 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Redlich and Beach JJA)
Catchwords
Criminal law – Stay of proceedings – Australian Crime Commission Act 2002 (Cth) – Investigations – Where Australian Federal Police (“AFP”) commenced investigation – Where appellants summoned by Australian Crime Commission for compulsory examination – Where examiner failed to make non-publication direction under s 25A(9) of Act prohibiting publication of examination material concerning appellants to AFP and Commonwealth Director of Public Prosecutions – Where primary judge found examination conducted for improper purpose of assisting AFP and had unfair consequences for trial – Where primary judge ordered permanent stay of proceedings – Where Court of Appeal quashed order – Whether Court of Appeal erred in finding unlawful compulsory examination for purpose of achieving forensic advantage insufficient in circumstances to justify permanent stay of proceedings.
Documents
17/11/2017 Hearing (SLA, Melbourne)
29/11/2017 Notice of appeal
08/12/2017 Submitting appearance (Third Respondent)
08/12/2017 Submitting appearance (Fourth Respondent)
14/12/2017 Submitting appearance (Fifth Respondent)
22/12/2017 Written submissions (Appellant)
22/12/2017 Chronology (Appellant)
19/01/2018 Written submissions (First Respondent)
19/01/2018 Written submissions (Second Respondent)
08/05/2018 Hearing (Full Court, Canberra)
08/05/2018 Outline of oral argument (Appellant)
08/05/2018 Outline of oral argument (First Respondent)
08/05/2018 Outline of oral argument (Second Respondent)
09/05/2018 Hearing (Full Court, Canberra)
16/05/2018 Written submissions on standing (Second Respondent)
08/11/2018 Hearing (Full Court, Canberra)
08/11/2018 Judgment (Judgment Summary)
Rick Tucker (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors
Case No.
M176/2017
Related matters:
M168/2017 - Tony Strickland (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
M174/2017 - Donald Galloway (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
M175/2017 - Edmund Hodges (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
Case Information
Lower Court Judgment
25/05/2017 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Redlich and Beach JJA)
Catchwords
Criminal law – Stay of proceedings – Australian Crime Commission Act 2002 (Cth) – Investigations – Where Australian Federal Police (“AFP”) commenced investigation – Where appellants summoned by Australian Crime Commission for compulsory examination – Where examiner failed to make non-publication direction under s 25A(9) of Act prohibiting publication of examination material concerning appellants to AFP and Commonwealth Director of Public Prosecutions – Where primary judge found examination conducted for improper purpose of assisting AFP and had unfair consequences for trial – Where primary judge ordered permanent stay of proceedings – Where Court of Appeal quashed order – Whether Court of Appeal erred in finding unlawful compulsory examination for purpose of achieving forensic advantage insufficient in circumstances to justify permanent stay of proceedings.
Documents
17/11/2017 Hearing (SLA, Melbourne)
01/12/2017 Notice of appeal
08/12/2017 Appearance (Third Respondent)
08/12/2017 Submitting appearance (FifithRespondent)
14/12/2017 Submitting appearance (Fourth Respondent)
22/12/2017 Written submissions (Appellant)
22/12/2017 Chronology (Appellant)
19/01/2018 Written submissions (First Respondent)
19/01/2018 Written submissions (Second Respondent)
07/02/2018 Reply to first respondent
08/05/2018 Hearing (Full Court, Canberra)
08/05/2018 Outline of oral argument (Appellant)
08/05/2018 Outline of oral argument (First Respondent)
08/05/2018 Outline of oral argument (Second Respondent)
09/05/2018 Hearing (Full Court, Canberra)
16/05/2018 Written submissions on standing (Second Respondent)
08/11/2018 Hearing (Full Court, Canberra)
08/11/2018 Judgment (Judgment Summary)
Nobarani v. Mariconte
Case No.
S270/2017
Case Information
Lower Court Judgment
5/06/2017 Supreme Court of New South Wales (Court of Appeal) (Ward JA, Simpson JA, Emmett AJA)
Catchwords
Probate – Appeal against grant of probate – Procedural fairness – Where respondent sought grant of probate of will dated 5 December 2013 – Where earlier will left share of jewellery and personal effects to appellant – Where appellant lodged caveat against grant of probate – Where primary judge granted probate – Where Court of Appeal found appellant denied procedural fairness at trial – Where majority of Court of Appeal held re-trial should not be ordered – Whether majority of Court of Appeal erred in failing to order re-trial – Whether intermediate appellate court can assess whether party denied procedural fairness would be unsuccessful if new trial ordered – Whether appellant lacked sufficient interest to challenge grant of probate.
Documents
17/11/2017 Hearing (SLA, Canberra v/link Sydney)
30/11/2017 Notice of appeal
22/12/2017 Written submissions (Appellant)
22/12/2017 Chronology (Appellant)
05/02/2018 Written submissions (Respondent)
09/02/2018 Summons seeking leave to file a Notice of Contention (Respondent)
19/02/2018 Reply
14/05/2018 Chronology (Respondent)
17/05/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
17/05/2018 Outline of oral argument (Appellant)
17/05/2018 Outline of oral argument (Respondent)
15/08/2018 Judgment (Judgment summary)
29/08/2018 Summons seeking orders as to costs
17/10/2018 Judgment
Audio-visual recordings of Full Court hearings heard in Canberra
Date: 15 November 2017
Transcript: Hearing
AV time: 3h 24m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: Falzon v. Minister for Immigration and Border Protection
Date: 14 November 2017
Transcript: Hearing
AV time: 3h 03m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.