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
v
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
- AGLC
- Law Lists for the Supreme Court of Tasmania, Friday, 1 November 2019 [2019] TASSCCourtlist 198
- Case
- [2019] TASSCCourtlist 198
- Decision Date
CaseChat Overview and Summary
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.
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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