Law Lists for the Supreme Court of Tasmania Friday, 8 February 2019

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 8 FEBRUARY 2019

HOBART

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via video link
Cody David Brown
Jye David Cowen

For Directions Hearing
Colin Arthur Mitchell

For Trial
Matthew John Davey
David John Eaton
Daniel Cure
(Part-Heard)

4:15 p.m.
For Sentencing Hearing via video link
Thomas Fulcher
(Part-Heard)

Court 8, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
In Court as In Chambers
9:30 a.m.
For Judgment

Gun Control Australia Inc and anor
v
The Hon William Hodgman - Premier of Tasmania and anor

Criminal Jurisdiction

In Court

10:00 a.m.
For Trial
Thomas Oliver Melick
(Part-Heard)

Court 2, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
9:30 a.m.
For Sentence via video link to Court 1, Cameron Street
Katrina Gail Smith
Alistair Neil May
Thomas Edward Fish

Court 1, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via video link
PJO

For Mention
Dal Tamang

For Directions Hearing via video link
to Ron Barwick Minimum Security
Mitchell John Campbell
Jesse Leigh Fletcher-Jones
Justin Paul Moore
Brendan James McGuire
Dallas John Eaves

For Directions Hearing via video link
to Risdon Prison Complex
Robert George Greig
Brett Anthony Lawless
James Matthew Johnson
Jayden Stephen Deverell

For Directions Hearing
Justin Andrew Leary
VKP
Ahmed Ibrahim Ahmed
Jeffrey Ian Thompson
Mishal Almishalawy
Amanda Louise White
Peter Gordon Hall
Shannon Myree Arnold
Brendan David Cranston
Zhao Ying Nui
Nathan Leigh Stebbings
Samuel David Pennicott

11:00 a.m.
For Bail Application
Joshua William Kay
Nathan Scott Booth
Cameron Scott Clark

For Bail Consent
Stuart Norton Woods
Nathaniel Hendrik Brouwer
David William Michaelson
Alexander Brett White
PT
JSP

MWR

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT

Civil Jurisdiction
9:45 a.m.
For Admission to the Legal Profession
Ashleigh Grace Duncombe

Court 2, Salamanca Place, Hobart
Before Acting Justice Porter
Civil Jurisdiction
11:30 a.m.
For Judgment
John Leo Kelly
v
Sara Pensalfini

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

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Directions Hearing by Video Link
Emma Jane Fisher
Jack-Harrison Vincent Sadler
Matthew John Cameron
Joseph William Freeman

To Follow
For Discharge
Jeremy John Fuller

To Follow
For Mention
Luke Anthony Shaw
SAA
SDB
Jayantha Kumara Dewage Don
Allan David Golledge
Dylan Mark Dennis Jenkins
Katrina Dianne Newitt
MLP
Wayne Gregory Pattison

To Follow
For Preliminary Proceedings Application
Luke Frans Bezemer
Adam Leigh Hodgetts

To Follow
For Plea
Joseph Edward Auton
Liam John Wood
Caleb Oliver Bean

To Follow
For Bail Consent
Tayla Ebony Stevenson
Megan Jane Chilcott
Arron Daniel Eales
Jeremy John Lodge
Danielle Alyce Saltmarsh
Bradley James Jetson

Court 1, Cameron Street, Launceston
Before Justice GEASON
Criminal Jurisdiction

9:30am For Sentence via video link from
Court 1, Salamanca Place Hobart
Katrina Gail Smith
Alistair Neil May
Thomas Edward Fish

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction

9:15 a.m.

For Telephone Directions Hearing
State of Tasmania
v
Norman Edward Ohl

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

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The matter of Gun Control Australia Inc and another v The Hon William Hodgman and another was heard before Justice Brett in the Supreme Court of Tasmania on 8 February 2019. The applicants, Gun Control Australia Inc and another, sought an injunction to prevent the implementation of new gun laws passed by the Tasmanian Parliament. The respondents were the Premier of Tasmania and another, who defended the validity and constitutionality of the new laws.

The primary legal issue the court had to determine was whether the Tasmanian Parliament had the legislative power to enact the new gun control laws. This involved examining the scope of the Tasmanian Parliament's legislative powers under the Australian Constitution, particularly in light of the recent High Court decision in Kable v Director of Public Prosecutions (NSW). The applicants argued that the new laws were disproportionate and therefore invalid under the Constitution, while the respondents contended that the laws were a valid exercise of the Parliament's legislative power.

Justice Brett found that the Tasmanian Parliament had the legislative power to enact the new gun control laws, as they were within the scope of the Parliament's powers under the Australian Constitution. The court considered that the new laws were proportionate and necessary to address the issue of gun control in Tasmania, and were not invalid on the grounds of being disproportionate. The applicants' argument that the new laws were disproportionate was rejected by the court.

As a result, the court dismissed the application for an injunction, and the new gun control laws were allowed to proceed. The court's decision was based on a careful examination of the relevant constitutional and legislative provisions, as well as the principles of proportionality and necessity in the context of legislative power. The applicants were ordered to pay the respondents' costs of the proceeding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established