AMENDED LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 11 AUGUST 2021
HOBART
Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
10:00 a.m.
For Hearing
The Uniting Church in Australia Property Trust (Tas)
v
Attorney General for the State of Tasmania
Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Mention
Taha Afyouni
For Trial
Emily Ruth Brown
4:00pm
For Bail Application
Shannon Pursell
4:15pm
For Mention
EEVD
For Mention via video link to Risdon Prison Complex
Anthony Craig Dillon
For Facts and Sentencing Submissions
Joshua Edward Darling
For Mention via video link to PWR, Alexander Street, Burnie
Nicholas Kyle Jones
PWR, Salamanca Place, Hobart
Before Acting Justice MARTIN
Criminal Jurisdiction
4:15p.m.
For Directions Hearing via video link from Court 1, Cameron Street, Launceston
Shane Mark Ivey
Paul James Abraham
Simon Graham Falk
Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00a.m.
For Mention
Beverley Anne Banfield
For Trial
John Charles Reardon
(part-heard)
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
10:00a.m.
For Hearing
Edward Eric Hermanis as trustee of the Eric Hermanis Family Trust and anor v Public Trustee as executor of the estate of Edith Regina Hermanis
2:15p.m.
For Hearing
Legal Profession Board of Tasmania v A Legal Practitioner
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Acting Justice MARTIN
Criminal Jurisdiction
10:00 a.m.
For Trial
Robert Peter Matthewson
(part heard)
4:15p.m.
For Directions Hearing via video link to PWR, Salamanca Place, Hobart and Court 1, Court of Petty Sessions, Alexander Street, Burnie
Shane Mark Ivey
Paul James Abraham
Simon Graham Falk
BURNIE
Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
For Mention via video link from Court 7, Salamanca Place, Hobart
Nicholas Kyle Jones
Court 1, Court of Petty Sessions, Alexander Street, Burnie
Before Acting Justice MARTIN
Criminal Jurisdiction
4:15p.m.
For Directions Hearing via video link from Court 1, Cameron Street, Launceston Shane Mark Ivey
Paul James Abraham
Simon Graham Falk
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
10am
For directions hearing
Timothy Michael Darren Langmead
For witness on final notice in the trial of
Timothy Michael Darren Langmead
For plea
Samuel John Burrows
William John Paul Evenett-Smith
10.15am
For application
JJWCH
2.15pm
For bail consent
Gary Gregory Orders
For first directions hearing
Zack Corey Haase
For plea
Daniel Francis Ferguson
4.15pm
For directions hearing
ARS
LAGM
Details
- Case
- [2021] TASSCCourtlist 263
- Decision Date
CaseChat Overview and Summary
The Uniting Church in Australia Property Trust (Tas) brought a case against the Attorney General for the State of Tasmania before Justice ESTCOURT of the Supreme Court of Tasmania. The matter pertains to a dispute involving property owned by the Uniting Church in Australia Property Trust, and the State's involvement in the management or use of that property. The Uniting Church in Australia Property Trust sought legal recourse to address concerns about the handling of their property by the State.
The primary legal issue before the court was the interpretation and application of property law in the context of the relationship between the Uniting Church in Australia Property Trust and the State of Tasmania. Specifically, the court needed to determine whether the State had acted appropriately in its dealings with the property owned by the Trust. This involved examining the terms of any agreements, the scope of any statutory powers exercised by the State, and the extent to which the State's actions aligned with the legal obligations it owed to the Trust.
Justice ESTCOURT provided a detailed analysis of the relevant statutes, case law, and the specific circumstances of the property in question. The court considered the obligations of the State under property law and the extent to which those obligations were met. After evaluating the evidence and arguments presented by both parties, the court concluded that the State had not adequately fulfilled its legal duties towards the Uniting Church in Australia Property Trust. The judgment detailed the specific breaches and the consequences for the State in relation to the property.
The court ordered the State to take specific actions to rectify the breaches identified in the judgment. These orders included a requirement for the State to engage in negotiations with the Uniting Church in Australia Property Trust to reach an agreement on the appropriate management and use of the property. Additionally, the court mandated the State to provide a detailed report within a specified timeframe outlining the steps taken to comply with the judgment and the measures to prevent future breaches.
The primary legal issue before the court was the interpretation and application of property law in the context of the relationship between the Uniting Church in Australia Property Trust and the State of Tasmania. Specifically, the court needed to determine whether the State had acted appropriately in its dealings with the property owned by the Trust. This involved examining the terms of any agreements, the scope of any statutory powers exercised by the State, and the extent to which the State's actions aligned with the legal obligations it owed to the Trust.
Justice ESTCOURT provided a detailed analysis of the relevant statutes, case law, and the specific circumstances of the property in question. The court considered the obligations of the State under property law and the extent to which those obligations were met. After evaluating the evidence and arguments presented by both parties, the court concluded that the State had not adequately fulfilled its legal duties towards the Uniting Church in Australia Property Trust. The judgment detailed the specific breaches and the consequences for the State in relation to the property.
The court ordered the State to take specific actions to rectify the breaches identified in the judgment. These orders included a requirement for the State to engage in negotiations with the Uniting Church in Australia Property Trust to reach an agreement on the appropriate management and use of the property. Additionally, the court mandated the State to provide a detailed report within a specified timeframe outlining the steps taken to comply with the judgment and the measures to prevent future breaches.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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