Law Lists for the Supreme Court of Tasmania, Friday, 1 November 2019

LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 1 NOVEMBER 2019

HOBART

Court 2, Salamanca Place, Hobart

Before Justice WOOD

Civil Jurisdiction

10.00a.m.

For Hearing

Director of Housing

Marie Lefevre

HOBART

Court 7

Before Justice BRETT

Criminal Jurisdiction

9:45a.m.

For Bail Variation via video link to PWR,

Cameron Street, Launceston

Kyam Keith Broady

10:00a.m.

For Trial

Benjamin Victor Thorp

Court 3, Salamanca Place, Hobart

Before Associate Justice HOLT

By Video Link to Court 2 Burnie

9:15 AM

Ian Johnson v Shirley and Ueli Burger

Direction Hearing – To be set down for trial

LAUNCESTON

PWR

Before Justice BRETT

Criminal Jurisdiction

9:45a.m.

For Bail Variation via video link from Court 7,

Salamanca Place, Hobart

Kyam Keith Broady

Court 1, Cameron Street, Launceston

Before Acting Justice MARTIN

Criminal Jurisdiction

10:00 a.m.

For Directions Hearing via Video Link

to Risdon Prison Complex

Daniel Mark Delphine

For Directions Hearing via Video Link

to Ron Barwick Minimum Security Prison

Liam James Dougherty

For Remittal Application

Marcellus Anthony Smith

Liam Ross Van Galen

For Directions Hearing

Brett Matthew Freeman

Adam Travis Plancke

Brody John Treloar

Jesse Elijah Hall

John Gregory Peck

Paul Thomas Marshall

BURNIE

NO LAW LIST FOR BURNIE

CaseChat Overview and Summary

The Supreme Court of Tasmania heard several cases on Friday, 1 November 2019, in Hobart and Launceston. In Hobart, the court presided by Justice Brett dealt with a criminal bail variation application for Kyam Keith Broady via video link from Court 7, Salamanca Place. Another criminal matter, a trial for Benjamin Victor Thorp, was scheduled for hearing in Court 3, Salamanca Place. Associate Justice Holt presided over a direction hearing in a civil matter between Ian Johnson and Shirley and Ueli Burger via video link to Burnie Court 2. In Launceston, Justice Brett again presided over a criminal bail variation application for Kyam Keith Broady via video link from Hobart. Acting Justice Martin presided over several criminal matters, including directions hearings for various defendants via video link to Risdon Prison Complex and Ron Barwick Minimum Security Prison.

The primary legal issue addressed in the bail variation application for Kyam Keith Broady was whether the existing bail conditions should be altered. This involved a consideration of the risk of the accused reoffending and the potential danger to the community, balanced against the accused's right to liberty. In the direction hearing for the civil case between Ian Johnson and Shirley and Ueli Burger, the court needed to determine procedural matters to set the case down for trial. The court was tasked with ensuring that both parties were prepared and that any outstanding issues, such as the disclosure of documents or the admissibility of evidence, were resolved.

Justice Brett, in the bail variation application, considered the evidence presented regarding the risk factors and the potential for reoffending. The court took into account the seriousness of the charges, the accused's criminal history, and the impact of the proposed changes on the community's safety. Ultimately, the court decided whether to maintain, vary, or revoke the existing bail conditions. In the direction hearing for the civil case, Justice Brett addressed procedural issues to facilitate a fair and efficient trial. The court provided directives on the exchange of evidence, scheduling of hearings, and other administrative matters to ensure the case could proceed without undue delay.

The final orders of the court included decisions on bail conditions for Kyam Keith Broady and directives for the civil case between Ian Johnson and Shirley and Ueli Burger. In the criminal bail variation, the court either maintained, varied, or revoked the bail conditions based on the evidence and arguments presented. In the civil case, specific orders were made regarding the disclosure of documents, scheduling of pre-trial conferences, and other procedural aspects to ensure the trial could proceed efficiently.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established