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…
Guss v Commissioner of Taxation
[2015] VSC 259
Citation 2
…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…
Whyte v Di Tomaso
[2014] VMC 24
Citation 3
…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.…
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.…
Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 53
Citation 7
…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…