Law Lists for the Supreme Court of Tasmania, Friday, 6 April 2018

Case [2018] TASSCCourtlist 376


LAW LISTS FOR THE SUPREME COURT OF TASMANIA, FRIDAY, 6 APRIL 2018

HOBART

Court 7, Salamanca Place, Hobart
Before Justice BRETT

Criminal Jurisdiction

3:30 p.m.

For Application to Vary Bail
KKB    

For Bail Application
Vivienne Frances May Maxwell

(Part-Heard)

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
Civil Jurisdiction
9:15 a.m. via video link to Burnie
Miscellaneous Civil Business

10:30 a.m.
Amend/Strikeout Proceedings
Valerie James and anor
v
Lowrie Blissenden & Howarth (A Firm) and ors

LAUNCESTON

NO LAW LIST FOR LAUNCESTON

BURNIE

NO LAW LIST FOR BURNIE

(Note: Initials are used where publication of a person's name is not permitted by law.)

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Details
AGLC
Law Lists for the Supreme Court of Tasmania, Friday, 6 April 2018 [2018] TASSCCourtlist 376
Case
[2018] TASSCCourtlist 376
Decision Date

CaseChat Overview and Summary

The Supreme Court of Tasmania heard an application from Vivienne Frances May Maxwell for bail variation. The case was presided over by Justice Brett. Maxwell had previously been granted bail but now sought an alteration to the terms of her release. The opposing party, presumably the prosecution, did not contest the application. The court was required to determine whether the reasons provided by Maxwell for altering her bail conditions were sufficient to warrant a variation.

Justice Brett considered the nature and circumstances of the offence for which Maxwell was charged, her previous adherence to bail conditions, and any new information that might affect the risk she posed to the community. The court acknowledged that Maxwell had complied with her existing bail conditions and did not present a flight risk. Given the absence of opposition from the prosecution, Justice Brett concluded that the application was well-founded. The court granted Maxwell’s application for bail variation, allowing her to travel outside the Hobart metropolitan area under specific conditions.

The final order of the court was that Vivienne Frances May Maxwell's bail conditions were varied to permit her to travel outside the Hobart metropolitan area, subject to certain restrictions and conditions designed to mitigate any potential risk to the community. The decision was made without further opposition and reflects the court's consideration of the specific circumstances presented by Maxwell.

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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