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Statutory Material Cited
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Brereton v Sinclair
[2000] VSCA 211
Citation 1
(Para 1)
…The Court of Appeal in Brereton v Sinclair [2000] VSCA 211 confirmed that the relevant standard of proof to be applied by the Court in determining proof of jurisdiction is the balance of probabilities (at paragraph 28).…
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Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 53
Citation 2
(Para 69)
…by the Prosecution to comply with section 19 of the Criminal Procedure Act . The existence of that purpose is to be ascertained by reference to: [2] (1998) 194 CLR 355 at [69]-[78]. the language of the statute; its subject matter and objects; and the consequences for the parties of holding void every act done in bre…
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Guss v Commissioner of Taxation
[2015] VSC 259
Citation 3
…se; see for example McManamny v Fleming [6].”(footnotes omitted) 69.I note also the statement of Cavanough J in Guss v Commissioner of Taxation [2015] VSC 259 (at paragraph 38) that: Generally speaking, illegality attaching to the process by which the accused comes before the Court does not have any effect on the…
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Salt v Godenzi
[2010] VSC 259
Citation 4
…s intention that a procedural step not taken will fundamentally affect the jurisdiction of the court to hear the charge. 58.In Salt v Godenzi [2010] VSC 259 the question before the Court was whether a summons which did not direct a defendant to appear at a proper venue was invalid. His Honour Beach J held: 15 It…
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Onus v Sealey
[2004] VSC 396
Citation 5
…gularity. The primary consideration is whether an Accused has been afforded procedural fairness. I note also the comments of his Honour Kaye J in Onus v Sealey (2004) 149 A Crim R 277 (paragraph 25): Thus the Magistrates' Court Act does not contain any express requirement for the actual service of a charge. It is suffi…
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Dawson v Magistrates' Court of Victoria
[2003] VSC 336
Citation 6
(Para 51)
…See also Dawson v Magistrates’ Court of Victoria [2003] VSC 336 at paragraph 9 in which Warren J affirmed the position her Honour had taken in Sinclair’s case .…
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Sinclair v Magistrates' Court of Victoria at Ringwood
[1998] VSC 170
Citation 7
(Para 40)
…tend the Charge-Sheet and summons on the validity of the proceeding? The Defence rely on the authority in Sinclair v Magistrates’ Court at Ringwood [1998] VSC 170, in which the Supreme Court held that a prosecution could not proceed in circumstances where the Magistrate could not be satisfied that the return date…