Category: Appeals

Victorian Court of Appeal ... Powerlifting coach loses application for leave to appeal ... Abuse of process claim accepted as shorthand for events and pattern of behaviour ... Question whether particulars establishes rape a matter for trial ... "Floating particulars" relevant to pleadings ... Courts Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia ... Full Court publishes open court reasons for dismissing Ben Roberts-Smith's appeal against dismissal of his defamation action ... Appropriate weight given to standard of proof and presumption of innocence ... Roberts-Smith's action in one instance described as reckless and brazen ... Courts Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia ... VC recipient Ben Roberts-Smith loses appeal over dismissal of defamation action ... Fails in bid to have new trial as a result of miscarriage of justice ... Reasons to be published following Commonwealth scrutiny ... Roberts-Smith flags High Court appeal ... Courts Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia ... Second day of interlocutory hearing in Ben Roberts-Smith's bid to re-open appeal to allege misconduct by journalists Nick McKenzie ... McKenzie faces a second day of cross-examination ... Closing submissions by parties ... Judgment reserved ... Courts Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia ... Ben Roberts-Smith seeks to re-open appeal to allege misconduct by journalist Nick McKenzie ... Follows transmittal of secret recording ... Recording admitted into evidence over objection ... McKenzie faces cross-examination ... Courts Editor Stephen Murray reports ... more

Federal Court of Australia ... Application by MinterEllison lawyers Peter Bartlett and Dean Levitan to set aside subpoenas from Ben Roberts-Smith ... Roberts-Smith seeks to re-open appeal to advance allegations of misconduct by journalist Nick McKenzie ... Lawyers for Bartlett and Levitan submit subpoenas amount to abuse of process ... Courts Editor Stephen Murray reports ... more

Federal Court of Australia ... Subpoenas in Ben Roberts-Smith's bid to re-open appeal to allege misconduct by journalist Nick McKenzie ... Justice Nye Perram places limits on subpoenas to McKenzie and his lawyers ... Subpoenas to other witnesses and the ABC set aside ... Coverage of argument ... Courts Editor Stephen Murray reports ... more

Supreme Court of Victorian Court of Appeal ... Double blow for IT security specialist in appeals ... Sought to appeal Supreme Court decisions in actions against Nationwide News and Twitter arising from tweets sent by accounts masquerading as company's handle ... No basis for doubting correctness of decisions below ... Courts Editor Stephen Murray reports ... more

NSW Court of Appeal ... Woman labelled "vigilante" after encounter on shared cycle/footpath loses summons for leave to appeal ... Followed dismissal of her action in District Court ... Leave to appeal where amount in issue is less than $100,000 needs to involve matter of principle, public importance or clear injustice ... Courts Editor Stephen Murray reports ... more