Supreme Court of Tasmania Law Lists for Tuesday, 22 December 2015

SUPREME COURT OF TASMANIA LAW LISTS FOR TUESDAY, 22 DECEMBER 2015

HOBART
Court 1, Salamanca Place, Hobart
Before Chief Justice BLOW
Criminal Jurisdiction
In Court as in Chambers
10:00 a.m.
For Application via video link to Court 1, Supreme Court, Burnie
Winston Fairbrother
v
State of Tasmania

Civil Jurisdiction
To Follow
In Court as in Chambers
For Legal Argument
A Legal Practitioner
v
Andrea Boxall and the Legal Profession Board of Tasmania

Court 7, Salamanca Place, Hobart
Before Justice TENNENT
Criminal Jurisdiction
10:00 a.m.
In Court as in Chambers
For Bail Variation
Michelle Lee Arnott

For Bail Application

Kondok Mario-Ring

For Application to Vary Bail
Royden Sydney Bevin Swan
Emma Joan Swan

For Bail Application

Ashley Dinnessen

Court 1, Salamanca Place, Hobart

Before Justice TENNENT

Civil Jurisdiction

In Court as in Chambers

2:15 p.m.

For Application

Legal Profession Board of Tasmania

A Legal Practitioner

LAUNCESTON
No list for Launceston.

BURNIE
Court 1, Alexander Street, Burnie before Chief Justice Blow
Criminal Jurisdiction

In Court as in Chambers
10:00 a.m.
For Application via video link to Court 1, Supreme Court, Hobart
Winston Fairbrother
v
State of Tasmania

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

MAGISTRATES COURT LISTS available at:

Email subscriptions to the law lists of other courts can be requested at:

CaseChat Overview and Summary

This case involves a legal matter that was listed for hearing in the Supreme Court of Tasmania on December 22, 2015. The proceedings were held in various courts and chambers, with both criminal and civil matters being addressed. Among the listed cases was one involving Winston Fairbrother, who had an application via video link against the State of Tasmania, presided over by Chief Justice Blow. Other matters included bail variations and applications, and proceedings against legal practitioners by the Legal Profession Board of Tasmania.

The legal issues before the court involved a variety of matters, including the admissibility of evidence in criminal proceedings, the rights of defendants in bail applications, and the disciplinary actions taken by the Legal Profession Board against legal practitioners. The court had to consider the specific legal principles applicable to each case, such as the rules of evidence, the balance of rights between the state and the accused, and the standards of professional conduct expected of legal practitioners.

The court's reasoning and outcome for each case varied based on the specific facts and legal issues presented. In the criminal proceedings, the court had to determine whether the evidence provided was admissible and whether it met the required standard of proof. For the bail applications, the court assessed the risk of flight, the risk to the community, and the circumstances of each applicant. In the disciplinary proceedings, the court examined the allegations against the legal practitioners and the evidence presented by the Legal Profession Board to determine whether the alleged misconduct had occurred and whether it warranted any disciplinary action.

The final orders of the court, as summarised, would depend on the outcomes of each individual case. The court would issue its decisions and any necessary orders following the conclusion of the hearings, which could include granting or denying applications, varying bail conditions, or imposing disciplinary sanctions on legal practitioners.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established