News

Content recently uploaded onto the Magistrates Court website:

Dormer v Relocation Laws Pty Ltd [2019] ACTMC 33
Uploaded 15 October 2019
EMPLOYMENT LAW – The contract of service and rights, duties and liabilities between employer and employee – Breach of Contract
DAMAGES – Measure and Remoteness of Damages in Actions for Breach of Contract

Hearing List - Coroners - 21 October 2019 - 20 March 2020

Uploaded 14 October 2019

An Inquest into the death of Jandy Renia Shea [2019] ACTCD 12
Uploaded 4 October 2019
The manner and cause of death of Ms Shea are sufficiently disclosed and a hearing is unnecessary.

McRae v Giucci [2019] ACTMC 32
Uploaded 3 October 2019
CRIMINAL LAW Lawful chastisement – what constitutes lawful chastisement – excessive punishment – credibility of evidence.

Christmas Sitting Dates and Shutdown 2019/2020 (PDF 87.2KB)
Notice to Practitioners 1 October 2019

ACT Corrective Services' response to the report of findings of the inquest into the death of Mark Anthony O'Connor
Uploaded 27 September 2019

Hearing List - Coroners - 26 September 2019 - 20 March 2019
Uploaded 23 September 2019

Inquest into death of Kurt Mellick Andriske [2019] ACTCD 11
Uploaded 20 September 2019
CORONIAL LAW – Cause and Manner of Death –benzodiazepine dependence – illicit drug user – prescription drugs – diagnosis – septicaemia – whether drugs inappropriately prescribed

Rice v Nikias Diamond Property Development Pty Ltd [2019] ACTMC 30
Uploaded 9 September 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – health and safety duty – failure to prevent risk of death and serious injury – manifestation of risk

Coroners Court Hearing List - 2 September 2019 - 14 February 2020
Uploaded 3 September 2019

Inquest into death of Sebastian Nicholas Pelle [2019] ACTCD 10
Uploaded 3 September 2019
CORONIAL LAW – cause and manner of death – epileptic patient complaining of headaches – discharge from hospital without brain scan – inappropriate medical treatment

Coroners Court Hearing List - 2 September 2019 - 14 February 2020
Uploaded 2 September 2019

McRae v Dansey-Ayling [2019] ACTMC 29
Uploaded 30 August 2019
CRIMINAL LAW – EVIDENCE – identification evidence – identification on basis of circumstantial evidence
CRIMINAL LAW – property offences – where defendant charged with two counts of obtaining property by deception and one count of attempting to obtain property by deception – property obtained through use of complainant’s bank card at merchants – where property particularised as a sum of money – application of s 330 of the Criminal Code 2002 (ACT) – whether explicit evidence of both a corresponding debit and credit required – R v Potts (No 4) [2016] ACTSC 370 – whether s 330 capable of supporting a charge of attempting to obtain property by deception

Smith v Al-Semary [2019] ACTMC 27
Uploaded 26 August 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment - sentencing – trafficking in a controlled drug other than cannabis – role of courier – parity – desirability of summary disposal – early plea of guilty – sentencing of co-offenders by different judicial officers

Coroners Court Hearing List - 20 August 2019 - 14 February 2020
Uploaded 19 August 2019

Hutchens v T2 Enterprises Pty Ltd; Hutchens v Perkins [2019] ACTMC 28
Uploaded 16 August 2019
CRIMINAL LAW – Animal Welfare Act 1992 (ACT) (the Act) – failure to take reasonable steps to provide an animal with appropriate treatment for illness, disease, and injury contrary to s 6B(2)(a)(iv) – application of Chapter 2 of the Criminal Code 2002 (ACT) – construction of the physical and fault elements of the offence – proof of recklessness – whether defendants on notice of requirement for treatment – absence of evidence about appropriate treatment

Inquest into the death of Cheyse Williams-Empson [2019] ACTCD 9
Uploaded 1 August 2019
CORONIAL LAW – cause and manner of death – death of baby aged 3 months – use of illicit drugs by mother – appropriateness of response by Child and Youth Protection Service

Amberger v Stagg [2019] ACTMC 26
Uploaded 31 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – contravention of family violence order – stalking – common assault – use carriage service to menace and harass

OC v UX [2019] ACTMC 25
Uploaded 30 July 2019
FAMILY VIOLENCE ORDERS – disclosure - fairness in proceedings – Family Violence Act 2016 (ACT) s 60B not a stalking horse for non-disclosure

TS v PU [2019] ACTMC 22
Uploaded 30 July 2019
FAMILY VIOLENCE ORDERS – definition of family violence - matters to be considered where respondent has used family violence against the affected person(s) – where both parties have used family violence against each other – weight to be given to individual considerations – hardship to respondent – employment as police officer and consequential effect of firearm prohibition

Barnes v Lodding [2019] ACTMC 24
Uploaded 29 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment - sentencing – trafficking in a controlled drug other than cannabis

An Inquest into the death of Mark Anthony O’brien [2019] ACTCD 7
Uploaded 24 July 2019

Fergusson v Holmes [2019] ACTMC 11
Uploaded 18 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Criminal - common assault – damage property – destroy property – judge alone trial – direction for judge alone trial – witness memory - self-defence – accidental damage to property

Tanner v Harris [2019] ACTMC 12
Uploaded 16 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Reasons for Judgement – neglect - child neglect - injury –  failure to seek medical treatment - recklessness – witness credibility - consciousness of guilt

Civil Block Listing Periods and Civil Mediation Blocks for 2020 (PDF 345 KB)
Notice to practitioners 12 July 2019

Criminal Block Listing Periods for 2020 (PDF 403KB)
Notice to practitioners 12 July 2019

J Flint v Graeme Vickerstaff [2019] ACTMC 13
Uploaded 12 July 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Judgment – common assault – witness evidence – failure to call eyewitness – reliability - R v Murray - inconsistent evidence

Inquest into the death of Shane Robert Senini [2019] ACTCD 8
Uploaded 5 July 2019
CORONIAL LAW – cause and manner of death – industrial accident – cause of explosion – storage of acetylene gas in motor vehicles

May v Commonwealth of Australia and Helicopter Resources Pty Ltd (No 1) [2019] ACTMC 20
Uploaded 3 July 2019
CRIMINAL LAW – Procedure – Amendment of information – defect in form or substance – creation of uncertainty and duplicity – unfair prejudice to the defendants – timing of application – impact on Court resources

Coroners Court Hearing List - 9 July 2019 - 27 September 2019
Uploaded 1 July 2019

Schedule of Fees Applicable to ACT Magistrates Court, Criminal Section, effective from 1 July 2019  (PDF 65KB) (Word 22KB)
Uploaded 28 June 2019

Schedule of Fees Applicable to Magistrates Court, Civil Jurisdiction, effective from 1 July 2019. (PDF 76KB)  (Word 82KB)
Uploaded 28 June 2019

Inquest into the death of Mark Anthony O’Connor [2019] ACTCD 4
Uploaded 26 June 2019
CORONIAL INQUEST – Death in Custody

Kirk v Meyboom [2019] ACTMC 19
Uploaded 26 June 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – act of indecency on person 10 to 16 years – plea of guilty – history of similar offending – sentencing considerations - imprisonment – non-parole period – totality

Inquest into the death of Jay Alan Paterson [2019] ACTCD 6
Uploaded 25 June 2019
CORONIAL LAW – cause and manner of death – use of medication – medical treatment

Fergusson Digital Pty Ltd v Colymea Pty Ltd [2019] ACTMC 18
Uploaded 21 June 2019
COMMERCIAL LEASES – Disturbance – Concessions – whether damaged premises can be used

Procedures under the Leases (Commercial and Retail) Act 2001 (PDF 221KB)
Practice Direction Civil 2, 1 July 2019
Uploaded 21 June 2019

Coroners Court Hearing List - 22 June 2019 - 17 September 2019
Uploaded 14 June 2019

Coroner's Court Annual Report for financial year 2017-2018
Uploaded 14 June 2019

ACT Magistrates Court Annual Review 2017-2018
Uploaded 7 June 2019

Inquest into the death of Lauren Maree Johnstone [2019] ACTCD 5
Uploaded 4 June 2019
CORONIAL LAW – cause and manner of death – use of medication – medical treatment – over-the-counter medication

Civil Block Listing Periods and Civil Mediation Blocks for 2019 (PDF 99.9KB)
Notice to Practitioners 30 May 2019

Coroners Court Hearing List - 29 May 2019 - 17 September 2019
Uploaded 13 May 2019

ACT v Pellegrino [2019] ACTMC 16
Uploaded 9 May 2019
RESTITUTION – VICTIMS OF CRIME – definition of criminal injury – whether government can seek restitution from complainant – where majority of convictions set aside – order discharged

Antonijevic v Malhi [2019] ACTMC 15
Uploaded 9 May 2019
CIVIL LAW – Damages for personal injuries – pre-existing condition – consequences which may have flowed from worsening of pre-existing condition if accident had not occurred – lack of evidence about those possible consequences – inability to reach conclusion about degeneration of pre-existing condition

Ceremonial Sitting - 6 May 2019 - Appointments of Magistrate Lawton and Magistrate Stewart (PDF 64KB)
Notice to Practitioners 29 April 2019

Salleo v Wynberg [2019] ACTMC 14
Uploaded 24 April 2019
CRIMINAL LAW – Prohibited Weapons Act 1996 (ACT) (the ‘Act’) – meaning of possession – whether fault element of knowledge applies to possession in circumstances covered by s 3(1)(a) of the Act – application of principle of legality in statutory construction

Akbulut v Crafted Central Pty Ltd [2019] ACTMC 5
Uploaded 15 April 2019
CIVIL LAW - Application under Leases (Commercial and Retail) Act 2001 (“Leases Act”) contesting termination – whether Landlord having given notice of termination because of proposed demolition can later give and rely upon notice of termination for breach – whether notice terminates lease or gives notice of intention to do so – construction of s 78 of Leases Act and consideration of Shepherd principle -  whether terms of lease breached by Tenant – whether Landlord estopped from relying upon breach.

Robert Watt v KC [2019] ACTMC 3
Uploaded 4 April 2019
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Common assault – Assault occasioning actual bodily harm – Family violence – Prasad direction – prima facie case - witnesses.

Coroners Court Hearing List - 26 March - 13 September 2019
Uploaded 26 March 2019

Leonard v Kulatilake [2019] ACTMC 9
Uploaded 22 March 2019
MEDICAL NEGLIGENCE – general practitioner – duty of care –excision of blue naevus – re-excision performed – infection – causation – liability – whether or not second excision caused infection – DAMAGES – quantum – special damages – general damages

Biedrzycki v Bird & Smith [2019] ACTMC 8
Uploaded 8 March 2019
CONTRACT – Breach of contract -- COMMERCIAL LEASES – premises unfit for purpose – termination of lease – proper service of Termination Notice – estoppel – conversion – detinue – damages.

Courts Canine Support Program
Uploaded 6 March 2019

Inquest into the death of Michael Richard Hall [2019] ACTCD 2
Uploaded 28 February 2019

An inquest into the death of Ben Catanzariti [2019] ACTCD 1
Uploaded 20 February 2019

Access to Courts for CALD Community on Family Violence - Action Plan
Uploaded 19 February 2019

Mediations dates for 2019 and list of mediators updated
Uploaded 15 February 2019

Coroners Court Hearing List - 11 October - 23 January 2019
Uploaded 14 February 2019

Yeats v Stevens [2019] ACTMC 4
Uploaded 13 February 2019
CRIMINAL LAW – Sentence – Family violence – Multiple offences.

Da Vesi Construction Group Pty Ltd v De Andrade [2019] ACTMC 1
Uploaded 25 January 2019
CONTRACT – Breach of contract – form of contract disputed – dispute in relation to amount paid for services -- PROCESS AND PROCEDURE – Failure to call relevant witnesses. -- PLEADINGS – Issues raised at hearing not specifically pleaded.

Goodwin v Neiberding [2019] ACTMC 2
Uploaded 22 January 2019
DURESS – reasonable belief – reasonable grounds for belief – reasonable possibility the existence of reasonable grounds for belief – no reasonable way to make the threat ineffective.

Ceremonial Sitting - 8 March 2019 (PDF 58.5KB)
Notice to Practitioners 16 January 2019

Interest Schedule effective from 1 January 2019
Uploaded 9 January 2019

Inquest into the death of Lesley Kaye Hasleby [2018] ACTCD 20
Uploaded 21 December 2018

Snore v Basham Projects Pty Ltd [2018] ACTIC 5
Uploaded 20 December 2018
WORKERS COMPENSATION – Employment connection test – Territory or State of connection – Whether or not applicant usually worked in the ACT or NSW

Police v CX [2018] ACTCC 3
Uploaded 18 December 2018
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Children – doli incapax – young person 12 years of age – property offences – offences against the person – common assault

In the matter of an application for Final Care and Protection Orders in respect of SN [2018] ACTCC 2
Uploaded 18 December 2018
CHILDREN – CARE AND PROTECTION – final care and protection order until child turns 18 years – child at risk of exposure to family violence – orders made for 12 months

Usual directions in civil matters [includes annexes A to D]  (PDF 229KB)
Practice Direction Civil 1, 1 January 2019

Court Procedures Amendment Rules 2018 (No 1) Subordinate Law SL2018-25
Notice to Practitioners 13 December 2018

James v Lucas [2018] ACTMC 30
Uploaded 11 December 2018
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – sentence – driving offences – conditional liberty – offences committed while defendant on parole – totality – re-set non-parole period – submission for short non-parole period

Simpson v Oliveira [2018] ACTMC 28
Uploaded 11 December 2018
CRIMINAL LAW – JURISDICTION, PRACTIC AND PROCEDURE – sentence - common assault  – offences against the person – objective seriousness – section 17 non-conviction order – early plea of guilt - offender undergoing treatment for mental health and alcohol issues – offender engaged in restorative justice

Closure of Registry Counter on 24 December 2018 - Change of Time (PDF 61.0KB)
Notice to Practitioners 3 December 2018

An Inquest into the death of Siauto Eliuta Tunumafono
Uploaded 30 November 2018

An inquest into the death of Adrian Charles Wilfred van Die [2018] ACTCD 17
Uploaded 30 November 2018

An inquest into the death of Tania Louise Klemke [2018] ACTCD 18
Uploaded 29 November 2018

Commencement of the Legal Year 29 January 2019 (67.1 KB)
Notice to Practitioners 28 November 2018

Armstrong v Shankar [2018] ACTMC 12
Uploaded 26 November 2018
CRIMINAL LAW – Common assault  – offences against the person – credibility of witnesses – independent evidence

Heyne v Gray [2018] ACTMC 6
Uploaded 26 November 2018
CRIMINAL LAW – Assault occasioning actual bodily harm – offences against the person – disposition of criminal charges under Crimes Act 1900 (ACT) s 334 – diversion to mental health tribunal – relevant factors to determine appropriateness – test of balancing interests

Carter v Law [2018] ACTMC 24
Uploaded 26 November 2018
CRIMINAL LAW – offences against the person - unlawfully cause grievous bodily harm

Reynolds v Beasland [2018] ACTMC 20
Uploaded 26 November 2018

Mensinga v Rahman [2018] ACTMC 21
Uploaded 26 November 2018
CRIMINAL LAW – Common assault – offences against the person – Family Violence offences – destroy damage property

Love v Kumar [2018] ACTMC 23
Uploaded 26 November 2018
CRIMINAL LAW – common assault  – offences against the person – family violence

In the matter of an application for bail by Brendan Baker [2018] ACTMC 27
Uploaded 26 November 2018
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – no presumption for bail – risk of intimidating witnesses –  whether onus on applicant or prosecution – bail refused

Brown v Carlini [2018] ACTMC 26
Uploaded 26 November 2018
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – pre-trial application – permanent stay of the proceedings  – single continuous course of conduct – late disclosure of prosecution evidence – abuse of process - offences against the person – common assault – assault occasioning actual bodily harm - family violence – application dismissed – stay not granted

Cummins v Lifestyle Homes (ACT) No. 1 Pty Ltd [2018] ACTIC 4
Uploaded 20 November 2018
INDUSTRIAL LAW – Sentence – non-compliance with Work Health and Safety Regulations 2011 (ACT) – unlicensed employees – failure to comply with Australian Standards – incorrect signage – incomplete scaffolding – accumulation of waste material

Proceedings under the Family Violence Act 2016 or the Personal Violence Act 2016 (140 KB)
Notice to Practitioners 15 November 2018

Dean v Collaery (No 1); Dean v Witness K (a pseudonym) (No 1) [2018] ACTMC 29
Uploaded 9 November 2018
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Application under National Security Information (Criminal and Civil Proceedings) Act – Attorney-General Certificate – National Security Information – Miscellaneous Practice Cases

Inquiry into the fire at the Sydney Building [2018] ACTCD 15
Uploaded 8 November 2018

Inquiry into a fire at the premises of Energy Services Invironmental, 60 Dacre Street, Mitchell, ACT, on 15 September 2011 [2018] ACTCD 16
Uploaded 2 November 2018

Pre-judgment and post-judgment interest calculator is now available

Industrial Court Dispute Resolution and Commercial Lease Conferences - Change in time and location
Notice to Practitioners 26 October 2018 (PDF 74KB)

Edwards v Gill [2018] ACTMC 22 Uploaded 24 October 2018
DEFAMATION – Publication of images – identification of plaintiff and defendant – composite and separate publications. PLEADINGS – Statement of Claim – striking out pleadings – defective pleadings.

An Inquest into the Death of Charles Rowan McCulloch [2016] ACTCD 5
Uploaded 16 October 2018

Hearing List - Coroners - 11 October 2018 - 23 January 2019
Uploaded 10 October 2018

Ceremonial Sitting - 15 October 2018 (PDF 51KB)
Notice to Practitioners 8 October 2018

Moto Garage Industries Pty Ltd v Hassen [2018] ACTIC 3
Uploaded 2 October 2018
WORKERS COMPENSATION – Leave to reject claim –Surveillance of employee by Insurer – Subrogation – Whether offence committed under Workplace Privacy Act 2011
EVIDENCE – Admissibility of evidence – Civil proceedings – Surveillance – Equity and good conscience – Improperly or illegally obtained evidence

ACT Courts and Tribunal Corporate Plan 2017-2020 - September 2018 update
Uploaded 2 October 2018

Inquiry into a residential house fire in Bonner and inquests into deaths arising from the fire – interim findings. Anne Muhoro, Ezvin Mugera and Furaha Muhoro [2018] ACTCD 14
Uploaded 26 September 2018

Inquest into the death of Tatu Wilhelm Michael Parzefall [2017] ACTCD 5
Uploaded 26 September 2018

Christmas sitting dates and Shutdown 2018/2019 (PDF 85KB)
Notice to Practitioners 25 September 2018

Coroners Court Hearing List - 18 September - 26 October 2018
Uploaded 17 September 2018

From Monday 17 September the Courts new provider for transcription and recording services will be EPIQ. The court website has been updated to reflect the changes.

Coroners Court Hearing List - 29 August - 26 October 2018
Uploaded 28 August 2018

The Owners Corporation – Units Plan No 107 v Jason Perkins [2018] ACTMC 18
Uploaded 28 August 2018
CIVIL LAW – Enforcement proceedings – Owners Corporation Application for enforcement of Tribunal Orders – compliance with Tribunal Orders – appropriate work to comply with Tribunal Orders.

Savage v Fairs [2018] ACTMC 17
Uploaded 28 August 2018
CONSUMER RIGHTS – breach of statutory guarantee – due care and skill – acceptable standard of work – damages – demolition and reconstruction – necessary and reasonable – damages.

Souvlaki Hut (Belconnen) Pty Ltd v Bunker Property Pty Ltd [2018] ACTMC 16
Uploaded 22 August 2018
APPEAL – appeal from Registrar – application to amend originating claim and statement of claim – delay in proceedings – no reason for delay – appeal dismissed

An inquest into the death of Timothy Allen Smith-Brown [2018] ACTCD 13
Uploaded 15 August 2018

Brooke v Turnbull [2018] ACTMC 15
Uploaded 6 August 2018
CRIMINAL LAW – resist territory public official – failure to comply with exclusion direction – whether or not exclusion direction lawfully issued – lawful excuse for not complying with exclusion direction – DRUG OFFENCES – possess drug of dependence – possession of cocaine – whether or not satisfied beyond reasonable doubt white powder in defendants possession was cocaine – POLICE – rights, powers and duties – functions of a territory public official – lawful arrest – use of force – excessive force

Italo-Australian Club (ACT) Ltd v Italo Financing Pty Ltd [2018] ACTMC 14
Uploaded 25 July 2018
CIVIL LAW – Commercial – Leases Contracts – Construction of Clauses.

An inquest into the death of Joseph Yatras [2018] ACTCD 12
Uploaded 16 July 2018

An inquest into the death of Constance Carolle Harrison [2018] ACTCD 11
Uploaded 16 July 2018

King v The Heat Group Pty Ltd [2018] ACTIC 2
Uploaded 12 July 2018
WORKERS COMPENSATION – Territory or State of connection – meaning of ‘usually based’ – whether or not Applicant was usually based from home office

Bluett v Popplewell & Ors (No 2) [2018] ACTMC 11
Uploaded 3 July 2018
COSTS – Magistrates Court criminal proceedings - order for costs – pro bono – indemnity principle – onus of proof – apportionment of costs

Schedule of Fees Applicable to ACT Magistrates Court, Criminal Section, effective from 1 July 2018  (PDF 65KB) (Word 22KB)

Schedule of Fees Applicable to Magistrates Court, Civil Jurisdiction, effective from 1 July 2018
(PDF 76KB)  (Word 36KB)

Inquest into the death of Suellen Edith Davis [2018] ACTCD 10
Uploaded 26 June 2018

Szabo v MS [2018] ACTMC 9
Uploaded 4 June 2018
CRIMINAL LAW – Judgment and Punishment – Sentence – Act of indecency without consent

Davis v Feeney [2018] ACTMC 10
Uploaded 25 May 2018
CRIMINAL LAW – act of indecency upon a person under 16 years – purposes of sentencing – non-conviction order – inappropriate to include offender on child sex offenders register

Enforcement of ACT Civil and Administrative Tribunal orders (PDF 72KB)
Notice to Practitioners 18 May 2018

Denyer v N Istekli & M Mertoglu (a firm) [2018] ACTMC 8
Uploaded 9 May
DAMAGES – Assessment – Personal injury – Tattoo removal

An inquest into the death of Steven Claude Freeman [2018] ACTCD 7
Uploaded 4 and 7 May 2018

An inquest into the death of Tahadesse (Tad) Kahsai [2018] ACTCD 9
Uploaded 4 May 2018

City Executive Suites (Canberra) Pty Ltd v Ali Baba Lebanese Cuisine Pty Ltd [2018] ACTMC 5
Uploaded 1 May 2018
Leases (Commercial and Retail) Act 2001; claim by landlord for outstanding rent – basis for calculation; distinction between outstanding rent and damages for loss of bargain; make good obligations – whether provisions in lease void for uncertainty; construction of provision in lease for payment of “rent” after termination; whether landlord failed to mitigate loss; landlord’s works – whether landlord failed to comply with s79 of Act and obligations in lease; whether landlord breached duty of care to tenant in carrying out landlord’s works; whether tenant suffered any loss for which damages payable for breach of duty or compensation payable under Act; alleged rental representation as basis for claim for damages or compensation for misleading or deceptive conduct and/or unconscionable conduct under  the Australian Consumer Law – whether rental representation had been made; GST – whether GST payable on several components of claim; costs of proceedings – whether legal costs of proceedings recoverable under lease despite ss19 and 154 of Act.

An inquest into the death of John Bell [2018] ACTCD 8
Uploaded 30 April 2018

Rahimi v MDS Tiling Pty Ltd & Ors [2018] ACTIC 1
Uploaded 26 April 2018
WORKERS COMPENSATION – choice of employer - Territory or State of connection – liability of principal for uninsured contractor’s injured worker

Applications for interim orders and uncontested applications for final orders under the Family Violence Act 2016 and Personal Violence Act 2016 (PDF 11KB)
Practice Direction 2 of 2018

Access to the Supreme Court and Magistrates Court for Aboriginal and Torres Strait Islander people in the ACT
Uploaded 20 March 2018

Bluett v Popplewell & Ors [2018] ACTMC 2
Uploaded 9 March 2018
CRIMINAL LAW – prohibited behaviour – meaning of “protest by any means” – silent prayer – protected area – whether or not silent prayer is a form of protest – elements of offence – physical and fault elements – default fault elements – charges sufficient in law

An inquest into the death of Andrew Nolan Christie [2018] ACTCD 1
Uploaded 1 March 2018

An inquest into the death of Elfriede Adele Tremethick [2018] ACTCD 3
Uploaded 28 February 2018

An inquest into the death of Edward Robert Davis [2018] ACTCD 5
Uploaded 28 February 2018

An inquest into the death of Tara Maree Costigan [2018] ACTCD 4
Uploaded 28 February 2018

Magistrates Court Annual Review 2016-2017

New paragraphs 17 and 26 inserted on 23 February 2018 to Childrens Court Practice Direction: Care and protection applications
Practice Direction No. 1 of 2016 (PDF  177KB)  (W  185KB)

ACT Coroner's Court Annual Report 2016-2017
Uploaded 16 February 2018

New publication, Interpreter Services, now available.
Uploaded 14 February 2018

ACT Magistrates Court Lists on 23 and 26 March 2018: Ceremonial Sitting of the ACT Supreme Court (PDF 55KB) (Word 19KB)
Notice to Practitioners 9 February 2018

Shoemark v Watson [2017] ACTMC 22
Uploaded 2 February 2018
CRIMINAL LAW – Road Transport Legislation – driving offences – not giving particulars about the driver to police when required – whether Defendant was a responsible person under the Road Transport (General) Act 1999 for an unregistered vehicle – proper construction of reference to person last recorded as the registered operator of a vehicle – undefined expression “responsible operator” used in evidentiary certificate – elements of offence not proved – information dismissed.

Wilson-Smith v Laws [2017] ACTMC 29
Uploaded 2 February 2018
CIVIL LAW – Costs – subpoena in criminal proceedings set aside -  alleged breach of Harman undertaking – power to make costs order – whether costs order should be made – indemnity costs refused – order for costs made on ordinary basis.

Marshall v Marhaba [2017] ACTMC 23
Uploaded 2 February 2018
CRIMINAL LAW – common assault – whether self-defence raised on the evidence – self-defence not raised – elements of offence made out – Defendant guilty.

Ben Aulich & Associates Pty Ltd v Jackson [2017] ACTMC 21
Uploaded 2 February 2018
CIVIL LAW –– statutory interpretation – right to recover legal costs under Legal Profession Act 2006 (ACT) – effect of amendment of s304 of LPA – proper approach to construction of remedial legislation – effect of non-compliance with s277 of LPA – temporary stay ordered.

An inquest into the death of Robert Douglas [2018] ACTCD 2
Uploaded 2 February 2018

Ginninderra Properties Pty Ltd v Gelonese [2017] ACTMC 25
Uploaded 2 February 2018
CIVIL LAW – Application under Leases (Commercial and Retail) Act 2001 – whether Defendant given false and misleading information about construction of a mezzanine floor on the premises – whether construction of a mezzanine floor was possible – whether construction required development application – whether plaintiff entitled to costs of proceedings under express provision in lease – whether costs provision inconsistent with Act and void.

Checklist for Lodging Civil Claims at the ACT Courts now available

Collinson v Travis [2017] ACTMC 20
Uploaded 21 December 2017
CRIMINAL LAW – driving offences – exceed prescribed concentration of alcohol - auto-brewery syndrome – metabolism of alcohol – honest and reasonable mistake

An inquest into the death of Jacob James Kelly [2017] ACTCD 4
Uploaded 18 December 2017

Family Violence Court (PDF 317KB)  (W 25KB)
Practice Direction 1 of 2018

Inquiries About Reserved Decisions and Complaints About the Behaviour or Capacity of Magistrates

Police v Deacon [2017] ACTMC 19
Uploaded 22 November 2017
CRIMINAL LAW – Judgment and Punishment – Sentence – possess prohibited firearm – minor theft – taking part in the manufacture of a firearm – possess ammunition – fail to appear after bail undertaking

Griffin v McInerney [2017] ACTMC 18
Uploaded 17 November 2017
PRACTICE AND PROCEDURE – Restorative Justice – whether court may make a referral in relation to any offence under Commonwealth criminal law
CRIMINAL LAW – Commonwealth Criminal Code – Using a carriage service to menace, harass or cause offence

Block listing periods for 2018 (PDF 64KB)  (RTF 50KB)
Notice to Practitioners 14 November 2017

Russell v Forshaw [2017] ACTMC 17
Uploaded 13 November 2017
CRIMINAL LAW – Judgment and Punishment – Sentence – aggravated robbery – unlawful possession of stolen property – driving while licence suspended by law – prescribed drug in oral fluid – reasonable prospects of rehabilitation.

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

Pinzon v Targett and JAG Pumping Pty Ltd
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)  (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

Stedman v Zeffirelli Pizza Restaurant Pty Ltd [2016] ACTMC 9
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
De Smet v Khandelwal [2016] ACTMC 7Uploaded 8 August 2016
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.
Protocol for the release of data relating to the operations of the ACT Courts

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 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

ACT Director of Public Prosecutions v Truong [2016] ACTMC 4Uploaded 11 May 2016
CIVIL LAW – standard of proof
CIVIL LAW – confiscation of criminal assets – restraining order – application for exclusion order by person other than the offender – interest in the property – party to the relevant serious offence – effective control – whether the applicant’s interest is tainted property

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)