Victorian Court of Appeal

WK v The Queen [2011] VSCA 345 (30 November 2011)

Victorian Court of Appeal considers Charter post-Momcilovic WK v The Queen [2011] VSCA 345 (30 November 2011) Summary In a recent appeal from an interlocutory decision of the County Court, the Victorian Court of Appeal held, by a majority of 2:1, that s 32 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) [...]

Director of Housing v Sudi [2011] VSCA 266 (6 September 2011)

VCAT did not have human rights jurisdiction in public housing matter: Court of Appeal strikes “collateral” blow to Victorian Charter Director of Housing v Sudi [2011] VSCA 266 (6 September 2011) Summary The Victorian Court of Appeal has decided that VCAT, in an application for a possession order under the Residential Tenancies Act 1997, did [...]

De Simone v Bevnol Constructions & Developments Pty Ltd & Ors [2011] VSCA 54 (3 March 2011)

Right to Privacy Considered in Relation to Summons to Produce Documents De Simone v Bevnol Constructions & Developments Pty Ltd & Ors [2011] VSCA 54 (3 March 2011) Summary A recent decision of the Court of Appeal has held that it is highly unlikely that the production of documents pursuant to a summons would ordinarily [...]

Wells v The Queen (No 2) [2010] VSCA 294 (4 November 2010)

The Use of the Victorian Charter in Criminal Interlocutory Proceedings Wells v The Queen (No 2) [2010] VSCA 294 (4 November 2010) The Court of Appeal dismissed this interlocutory criminal appeal.  The applicant in part sought a permanent stay of a criminal trial on the basis that the Charter rights relating to criminal proceedings (ss 24 [...]

De Simone v Bevnol Constructions and Developments Pty Ltd & Ors [2010] VSCA 231 (10 September 2010)

Referral of Questions of Law under Section 33 of the Charter De Simone v Bevnol Constructions and Developments Pty Ltd & Ors [2010] VSCA 231 (10 September 2010) The Victorian Court of Appeal has declined to answer a question of law referred to it by the Victorian Civil and Administrative Tribunal under s 33(1) of [...]

R v Momcilovic [2010] VSCA 50 (17 March 2010)

Court of Appeal Makes Declaration of Inconsistent Interpretation and Considers Statutory Interpretation and Limitations on Rights under the Charter R v Momcilovic [2010] VSCA 50 (17 March 2010) In a landmark decision, the Victorian Court of Appeal has unanimously held that: s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but [...]

Kay v Victorian Attorney-General & Anor (Victorian Court of Appeal, Unreported, 19 May 2009)

Vexatious Litigants and the Rights to a Fair Hearing, Access to a Court and Legal Aid Kay v Victorian Attorney-General & Anor (Victorian Court of Appeal, Unreported, 19 May 2009) In this case, the Victorian Court of Appeal considered whether the making of a vexatious litigant order was compatible with the right to a fair [...]

De Simone v Bevnol Constructions and Developments Pty Ltd (2009) (Unreported, Supreme Court of Victoria, Court of Appeal, 3 April 2009)

Courts and Tribunals Directly Bound by Charter Rights De Simone v Bevnol Constructions and Developments Pty Ltd (2009) (Unreported, Supreme Court of Victoria, Court of Appeal, Neave JA and William AJA, 3 April 2009) The Court of Appeal held that courts and tribunals are bound by ss 24 (right to a fair hearing) and 25 [...]

RJE v Secretary to the Department of Justice [2008] VSCA 131 (18 December 2008)

In this case, Nettle J of the Victorian Court of Appeal considered the scope and operation of s 32(1) of the Victorian Charter of Human Rights, which provides that ‘so far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with [...]

General Television Corporation Pty Ltd v DPP & Anor [2008] VSCA 49 (26 March 2008)

In a recent decision, the Victorian Court of Appeal (Warren CJ, Vincent and Kellam JJA) considered the jurisdiction of a trial judge to make suppression orders to restrain an apprehended contempt of court.  In doing so, it discussed issues that will be relevant in balancing the Charter right to freedom of expression (protected by s [...]

TSL v Secretary to the Department of Justice [2006] VSCA (26 September 2006)

Extended supervision of convicted sex offender – Limitations on human rights under s 7 Detailed case note. The full text decision is available at http://www.austlii.edu.au/au/cases/vic/VSCA/2006/199.html.