News
Second return in the A1 Criminal List (PDF 82KB)
Notice to Practitioners 19 September 2017
An Inquest into the Death of Lesley Maree Smith [2017] ACTCD 3
Uploaded 15 September 2017
Miller v BE [2017] ACTMC 12
Uploaded 14 September 2017
CRIMINAL LAW – burglary – contravene domestic violence order – contravene family violence order - act endangering health - tendency and coincidence evidence – DNA evidence – circumstantial evidence
Noakes v Star Aviation Services Pty Ltd [2017] ACTIC 1
Uploaded 7 September 2017
INDUSTRIAL LAW – recusal – reasonable apprehension of bias – impartiality – prejudgment - particulars – description of an offence - defective information – defective charge – amendment out of time
Updated Complaints and Feedback Policy available
An Inquest into the Death of Pap [2017] ACTCD 2
Uploaded 31 August 2017
Glover & Glover v LG Building Solutions Pty Ltd & Newman [2017] ACTMC 15
Uploaded 11 August 2017
CONTRACT – Breach of building contract – Quality of renovation works undertaken by builders – Practical completion and maintenance liability period
New factsheet, Services for People with Disability, now available
Barnsley v Ulavalu [2017] ACTMC 14
Uploaded 4 August 2017
CRIMINAL LAW –– Rode while suspended - Fail to stop motor vehicle for police
CRIMINAL PROCEDURE –– Whether offence known to law –– Short form of offences specified by regulation –– Whether short form sufficient –– Police direction to stop individual or multiple motor vehicles
Carnall v Gibbons [2016] ACTIC 1
Uploaded 1 August 2017
INDUSTRIAL LAW–safety duty – particulars – person conducting a business or undertaking – officer – worker - characterisation
Hearing List - Coroners - 25 July - 6 October 2017
Uploaded 17 July 2017
Australian Capital Territory v Kristaps Fridemanis [2017] ACTMC 13
Uploaded 12 July 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)
Cummins v Demolition Environmental Civil Contractors Pty Ltd [2017] ACTIC 2
Uploaded 5 July 2017
INDUSTRIAL LAW - particulars – description of an offence - defective information – defective charge – amendment out of time
Rightway Investments Pty Limited v Kevin Russell (as Executor for the Estate of the Late Malcolm MacKenzie-Orr) [2017] ACTMC 11
Uploaded 28 June 2017
CONTRACT – Summary Judgement – Application to set aside decision of Deputy Registrar – Superseded loan agreement – Consideration
Walls v McGuckin [2017] ACTMC 10
Uploaded 8 June 2017
CRIMINAL LAW – Application to dismissal charges due to mental impairment
Uploaded 7 June 2017
NEGLIGENCE – excavator collide with bridge – damage subsequently repaired – employee or independent contractor – in the course or scope of employment - vicarious liability – COSTS – plaintiff unsuccessful in third party matter
Platinum Constructions Pty Ltd v Stoddart Rae (Illawarra) Pty Ltd [2017] ACTMC 8
Uploaded 24 May 2017
CONTRACT - Breach of building contract - Delay in installing roof with subsequent damage due to rain - NEGLIGENCE - Whether concurrent duty of care - DAMAGES - whether damages pleaded or parties deliberately chose different basis for determination
List of Magistrates Court mediators appointed for a period of one year commencing 30 March 2017
Australian Capital Territory v McDowall [2017] ACTMC 6
Uploaded 21 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)
Australian Capital Territory v KK (a pseudonym) [2017] ACTMC 4
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)
Australian Capital Territory v Young [2017] ACTMC 3
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)
Australian Capital Territory v Taylor [2017] ACTMC 2
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)
An inquest into the death of Gwenda Margaret Membery [2017] ACTCD 1
Uploaded 20 March 2017
Australian Capital Territory v Catanzariti & Walters [2017] ACTMC 5
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)
Australian Capital Territory v Tuita [2017] ACTMC 7
Uploaded 20 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT)
Australian Capital Territory v Shaor [2017] ACTMC 1
Uploaded 10 March 2017
CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT) – decision making criteria to be applied in deciding objection.
Magistrates Court seeks expressions of interest for mediators panel - Applications close 3 March 2017
Coroners Court Hearing List updated
Coroner's Court Annual Report for financial year 2015-2016
Originating applications and applications in proceeding before Magistrates - civil matters (PDF 50.4KB) (W 80.5KB)
Practice Direction 1 of 2017
An Inquest into the Death of Paul Fennessy [2016] ACTCD 4
Uploaded 22 December 2016
Schedule of fees, civil jurisdiction as amended 15 November 2016
New interest schedule effective from 1 January 2017 available
Andrew Dennis Walker v The Electrotechnology Industry Group Training Company Ltd & Ecowise Services (Australia) Pty Ltd (No 2) [2016] ACTMC 13
Uploaded 2 December 2016
CIVIL LAW – costs – order made for extension under s36 Limitations Act 1985 - whether relief sought constitutes an indulgence – principles to be applied to costs order in the circumstances – whether conduct of respondent in opposing application unreasonable – order that costs of the application be costs in the cause
Walker v The Electrotechnology Industry Group Training Company Ltd & Ecowise Services (Australia) Pty Ltd (No 1) [2016] ACTMC 12
Uploaded 2 December 2016
CIVIL LAW – damages for personal injuries – application to extend time under s36 Limitation Act 1985 – whether exclusion in s36(5) applies – criteria for considering extension application – extension ordered
Belconnen Lakeview Pty Ltd v Maya Krishna Goundar [2016] ACTMC 10
Uploaded 24 November 2016
REAL PROPERTY – General principles – buyer and seller – construction of standard contract for sale of land – whether purported termination by seller valid – whether seller ready willing and able to complete – construction of clause 18.3 of standard contract – effect of failure to provide certificate under s119 of Unit Titles (Management) Act 2011 (ACT) – construction of clause 10.8 of standard contract – effect of settlement statement – construction of clause 19 of standard contract – whether expenses of resale recoverable when deposit greater than deficiency on resale – GST implications of breach of clause 24 of standard contract – whether buyer entitled to restitution as a result of Seller’s windfall gain
AUSTRALIAN CONSUMER LAW – Application to contract for sale of land – absence of evidence of loss or damage – absence of evidence of reliance upon any representation
Inquest into the death of Richard Roger John Stanton [2016] ACTCD 3
Uploaded 16 November 2016
Inquest into the death of River Arama Parry [2016] ACTCD 2
Uploaded 9 November 2016
Korda v Aldi Foods Pty Limited and Brice Australia (NSW) Pty Limited [2016] ACTMC 11
Uploaded 2 November 2016
NEGLIGENCE – Occupiers liability – Standard of care – Shopper injured when shopping trolley collided with automatic gate – Precautions to avoid risk – Whether defendant negligent in not providing warning notice that gate does not always open – Contributory negligence
Restricted Driver Licence information has been updated
Listing Practices for Criminal, Family Violence and Civil Hearings (PDF 88KB) (RTF 55KB)
Notice to Practitioners 5 October 2016
Uploaded 5 October 2016
Uploaded 6 September 2016
CRIMINAL LAW – sell food that is unsafe – food poisoning from restaurant – elements of offence - application of criminal code – intervening event or conduct – evidential onus
CRIMINAL LAW – dishonestly obtaining a financial advantage by deception under section 134.2(1) of the Criminal Code (Cth) – conduct constituting a deception – meaning of financial advantage – meaning of dishonesty.
Jancevski v WR Engineering Pty Ltd ATF WR Engineering Trust [2016] ACTMC 8
Uploaded 19 July 2016
CIVIL LAW – negligence – personal injury – duty of care – whether plaintiff an employee or independent contractor – contributory negligence
Coroner's Hearing List 20 June April 2016 - 9 December 2016 (RTF 537KB)(PDF 88KB)
Uploaded 8 July 2016
Criminal section fees effective from 1 July 2016
Schedule of fees for Magistrates Court, Civil Jurisdiction for 2016-2017 available.
Practice Notes:
Commencing certain personal injuries claims urgently (PDF 15KB) (RTF 50KB)Practice Note No 1 of 2016NI2016-335 28 June 2016
Freezing orders (also known as 'Mareva Orders' or 'asset preservation orders') (PDF 51KB) (RTF 93KB)Practice Note No 1 of 2008NI2008-7411 March 2008
Search orders (also known as 'Anton Piller Orders') (PDF 71KB) (RTF 115KB)
Practice Note 2 of 2008
NI2008-78
11 March 2008
Court Procedures Rules 2006 - Amendment 2016 (No 1) (PDF 90KB) (RTF 44KB)
Notice to Practitioners 29 June 2016
Childrens Court
Revocation of Practice Direction 1 of 2011 - Youth Drug and Alcohol Court Program (PDF 54KB)(RTF 42KB)
Notice to Practitioners 17 June 2016
Coroner's Hearing List 20 June April 2016 - 9 December 2016 (RTF 536KB)(PDF 88KB)
Uploaded 17 June 2016
ACT Magistrates Court Lists 11 July 2016
Ceremonial sitting of the Magistrates Court (PDF 9KB) (RTF 63KB)
Notice to Practitioners 16 June 2016
ACT Law Courts joins Twitter - Media Release
Childrens Court Practice Direction: Care and protection applications
Practice Direction No. 1 of 2016 (PDF 303KB) (RTF 185KB)
Note: PDF version contains Practice Direction as well as the schedules, annexure and names of approved mediators.
- Schedule 1 to Practice Direction 1 of 2016 - Directions for application following emergency action (or first time applications for Orders) (RTF 71KB)
- Schedule 2 to Practice Direction 1 of 2016 - Directions for applications for extending, amending or revoking Care and Protection Orders (RTF 60KB)
- Schedule 3 to Practice Direction 1 of 2016 - Directions for Court Ordered Meeting (RTF 55KB)
- Annexure A to Practice Direction 1 of 2016 - Case management document care hearings (RTF 20KB)
- Approved family dispute resolution mediators (RTF 37KB)
ACT Magistrates Court Lists on 4 July 2016:
Ceremonial sitting of the ACT Supreme Court (PDF 25KB) (RTF 64KB)
Notice to Practitioners 1 June 2016
Conferences held in proceedings under the Domestic Violence and Protection Orders Act 2008 (PDF 11KB) (RTF 39KB)
Notice to Practitioners 30 May 2016
Bail List (A2), Family Violence Lists and Criminal List (A1) (PDF 69KB) (RTF 56KB)
Notice to Practitioners 24 May 2016
Carpenter v Australian Capital Territory [2016] ACTMC 3Uploaded 5 May 2016
Interlocutory decision - LAW – Reinstatement under Court Procedures Rules 2006 (ACT) – construction of rule 76(3) – whether provision that proceedings reinstated if a party to the proceeding files a document to be read down – whether purposive test to be applied – whether application of purposive test requires reference to filing a document to be read as meaning taking a step in the proceeding.
Polsen v Hearnshaw & Insurance Australia Ltd, trading as NRMA Insurance [2016] ACTMC 2Uploaded 4 May 2016
Willimott v JC Canberra Management t/as Cosmos Clinic Canberra & Lee [2015] ACTMC 11Uploaded 3 May 2016
CIVIL LAW – medical negligence – breach of contract – breach of implied warranties – application for summary judgment – application of the Trade Practices Act 1974 (Cth)