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New Judgments

21 January 2020
Weinberg JA
CRIMINAL LAW – Application for bail – Charges of intentionally causing serious injury in circumstances of gross violence, recklessly causing serious injury in circumstances of gross violence, intentionally causing serious injury, recklessly causing serious injury, intentionally causing injury, recklessly causing injury, aggravated assault, common assault, possession of drugs of dependence, possession of prohibited weapons, driving motor vehicle displaying registration plates not issued to that vehicle, and failing to comply with direction of police officer – Schedule 2 offending – Whether ‘compelling reason’ made out – – Offending occurred in context of heightened state of addiction – Likely lengthy delay between arrest and any trial – Compelling reasons established – Whether applicant ‘unacceptable risk’ – Therapeutic services available to applicant – Strong family support – Applicant not ‘unacceptable risk’ – Bail granted – Bail Act 1977 ss 3AAA(1), 4, 4AA(3), 4C, 4D, 4E.
17 January 2020
Nichols J
PRACTICE AND PROCEDURE – Leave sought to amend defences – Supreme Court (General Civil Procedure) Rules 2015, r 36.01 – Prejudice – Loss of opportunity to take a step in the proceeding – Amcor Packaging (Australia) Pty Ltd & Ors v Australian Corrugated Box Co Pty Ltd & Ors [2013] VSCA 223 – Failure to adequately explain or show good cause for change of position – McKenzie v Commonwealth of Australia [2001] VSC 361; Jeanes v Commonwealth of Australia [2005] VSC 488; Collie v Merlaw Nominees Pty Ltd (in liq) & Anor [2001] VSC 39 – Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175.

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New Legislation

Date of assent:
3 December 2019
Act Number:
49/2019
Date of assent:
3 December 2019
Act Number:
48/2019

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