John Holland Pty Ltd v Industrial Court of New South Wales
[2010] NSWCA 338
Citation 1
(Para 1)
…The NSW Court of Appeal in John Holland v Industrial Court of NSW [2010] NSWCA 338 sets out a useful summary of the facts and findings in Kirk’s case :[110] [110] John Holland, paragraphs 31-40. 31 The High Court in Kirk was dealing with offences under the predecessor legislation, namely, s 15 and s 16 of the Occup…
Kirk v Industrial Court of New South Wales
[2010] HCA 1
Citation 2
…k v Industrial Court of NSW (‘ Kirk ’)[5] held that two propositions apply with respect to establishing a contravention under OHS legislation [5] Kirk v Industrial Court of NSW (2010) 239 CLR 531. a. `A statement of an offence must identify the act or omission, which is said to constitute a contravention of [the legislation]’;[6] and […
Kirk v Industrial Relations Commission of New South Wales
[2008] NSWCA 156
Citation 3
…Kirk ’)[5] held that two propositions apply with respect to establishing a contravention under OHS legislation [5] Kirk v Industrial Court of NSW (2010) 239 CLR 531. a. `A statement of an offence must identify the act or omission, which is said to constitute a contravention of [the legislation]’;[6] and [6] ibid, par…
AB Oxford Cold Storage Co Pty Ltd v Arnott
[2005] VSCA 111
Citation 4
(Para 1)
…ms which were capable of accommodating the prosecution and the appellant did not show that the approval did not relate to the prosecution.[93] [91] (2005) 11 VR 298. [92] Callaway JA and Byrne AJA agreeing. [93] Ibid, paragraphs 20-21.…
Chugg v Pacific Dunlop Ltd
[1990] HCA 41
Citation 5
…gligence - a proposition implicit in the joint judgment of Dawson, Toohey and Gaudron JJ in Chugg v. Pacific Dunlop Ltd; Pacific Dunlop Ltd. v. Chugg [1990] HCA 41; (1991) 170 CLR 249at p 265. But it is another matter to conclude that s.21 requires the occurrence of an accident to an employee against which to co…
Glenister v Magistrates' Court of Victoria
[2014] VSC 265
Citation 6
…ority) v the Magistrates’ Court of Victoria and Baiada Poultry Pty Ltd ( Baiada Poultry ),[15] and therefore disclose no offence known to law; [15] [2014] VSC 265 . c. Issue 3 : should not be read together with the particulars in order to disclose the elements of the offence. It asserts that the charge without re…
Director of Public Prosecutions v Kypri
[2010] VSC 400
Citation 7
…79.Regarding the issue of amendments out of time, in Kypri Nettle JA also stated:[46] [46] (2011) 33 VR 157, paragraph 23. `The rule is that an amendment which clarifies a charge is permissible and an amendment which goes further than that is not. So, an amendment may be permitted out of time when, despite the amen…
AB Oxford Cold Storage Co Pty Ltd v Arnott
[2003] VSC 452
Citation 8
…[90] (2003) 8 VR 288, at 42.…