LAW LISTS FOR THE SUPREME COURT OF TASMANIA, WEDNESDAY, 5 JUNE 2019
HOBART
Court 1, Salamanca Place, Hobart
FULL COURT
10:00a.m.
For Hearing
The Honourable Elise Archer Attorney General
for the State of Tasmania
v
The University of Tasmania
Court 8, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m.
For Directions Hearing via video link to
Court 1, Alexander Street, Burnie
Belinda Leone Colbran
Court 7, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction
3:30 p.m.
For Judgment via video link to
Court 1, Cameron Street, Launceston
Kurt Von Stalheim
v
Director of Public Prosecutions
Criminal Jurisdiction
4:15 p.m.
For Sentence
Brendan David Cranston
For Directions Hearing
Christopher Robert Condon
For Bail Application
Suzanne Rose Pauly
Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction
Not before 2:15p.m.
For Bail Application
Caleb Anthony Paul Woods
Benjamin Victor Thorp
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Justice WOOD
Criminal Jurisdiction
4:15 p.m.
For Directions Hearing via video link from
Court 1, Alexander Street, Burnie
Belinda Leone Colbran
IBF
Court 1, Cameron Street, Launceston
Before Justice BRETT
Civil Jurisdiction
3:30 p.m.
For Judgment via video link from
Court 7, Salamanca Place, Hobart
Kurt Von Stalheim
v
Director of Public Prosecutions
BURNIE
Court 1, Alexander Street, Burnie
Before Justice WOOD
Criminal Jurisdiction
11:00 a.m.
For Trial
Darren Ward Gale
(Part-Heard)
4:15 p.m.
For Directions Hearing via video link
CJW
Belinda Leone Colbran
IBF
MAGISTRATES COURT LISTS available at:
- AGLC
- Law Lists for the Supreme Court of Tasmania, Wednesday, 5 June 2019 [2019] TASSCCourtlist 116
- Case
- [2019] TASSCCourtlist 116
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included questions of administrative law, governance, and the scope of the university's autonomy under state legislation. Specifically, the Attorney General argued that certain actions by the university were not in accordance with the statutory framework governing its operations. The university, on the other hand, contended that it had acted within its lawful powers and that the Attorney General's intervention was unwarranted.
The court, in its judgment, carefully considered the applicable statutes and legal principles. It examined the university's governance structure and the extent of its autonomy, as well as the Attorney General's role in overseeing compliance with state laws. The court found that while the university had some autonomy, it was not absolute and was subject to oversight and accountability mechanisms provided by the legislation. Ultimately, the court ruled in favour of the Attorney General, determining that certain actions taken by the university were indeed outside the scope of its lawful powers.
The final orders of the court directed the university to take specific steps to address the non-compliant actions and to ensure future adherence to the statutory framework. The university was also required to report back to the Attorney General on the measures taken to rectify the issues identified in the judgment.
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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