Baiada Poultry Pty Ltd v Glenister
[2015] VSCA 344
Citation 1
…the charge, but the facts matters or things to be proved must be included in the charge.” 4 (authorities omitted.)[15] [15] Baiada Poultry v VWA [2015] VSCA 344, paragraph 157, per Robson AJA, Ferguson and McLeish JA concurring (paragraph 5). 54.The Defence has not suggested that the charge is defective in any te…
Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 53
Citation 2
…e and the purpose of all of the provisions in the statute, and which presumes that provisions are intended to give rise to harmonious goals.[12] [11] (1998) 194 CLR 355. [12] Paragraphs 69 -71. 48.The first step is to begin with the text of the provision by focussing on the plain meaning of the words. Second, those w…
Guss v Commissioner of Taxation
[2015] VSC 259
Citation 3
…as “[s]ections 5, 6, 12 and 13 seem to envisage that each charge-sheet will be a stand-alone document.’[18] [16] Ibid, paragraph 56. [17] [2015] VSC 259, paragraph 13. [18] Ibid. 55.The language of the CPA expressly contemplates the procedure which was undertaken by the Informant. Sections 5, 6 and 12 of the CPA…
Dawson v Magistrates' Court of Victoria
[2003] VSC 336
Citation 4
…See also Dawson v Magistrates’ Court of Victoria[9] in which Warren J affirmed the position her Honour had taken in Sinclair’s case . [9] [2003] VSC 336 at paragraph 9. 41.Although the factual situation in Sinclair’s case is different to the facts presently before the Court, the Defence rely on it for the purpose…
Smith v Chalmers
[2003] VSC 236
Citation 5
…nciple that, in the absence of such compliance, the Magistrates' Court is precluded from proceeding to hear and determine the charge”.[8] [6] [2003] VSC 236. [7] (1993) 19 MVR 55. [8] paragraph 23, footnotes omitted. 40.See also Dawson v Magistrates’ Court of Victoria[9] in which Warren J affirmed the position he…
Sinclair v Magistrates' Court of Victoria at Ringwood
[1998] VSC 170
Citation 6
…arges and the service of summons must be strictly complied with, indeed, such provisions are mandatory”.[5] [3] [1998] VSC 170. [4] Paragraph 12. [5] Paragraph 12.…
Whyte v Di Tomaso
[2014] VMC 24
Citation 7
…process to revive a proceeding in which there was no work to do, given that the initial summons was then statute barred”[2]. [1] [2014] VMC 24. [2] Ibid, page 8, paragraph 3. 36.The Defence submit that the language of the CPA, particularly sections 6 and 12, supports their position. The reasoning is as follows.…