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Citation
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Judgment date
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| August 2020 |
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Whether educational qualifications acquired during marriage create a compensable matrimonial interest and how household, land and vehicle should be fairly distributed.
Family law – matrimonial property – educational qualifications – property element vs. physical certificate; equitable/beneficial interest arising from spouse’s contribution; compensation remedy rather than physical division; fairness under Constitution s.24; valuation and equal sharing of jointly‑acquired land and vehicle; allocation of household chattels.
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31 August 2020 |
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Risk of witness interference and ongoing cross‑border investigations justified denying the applicant bail despite COVID‑19 concerns.
Criminal procedure – Bail and right to liberty – Interests of justice vs. presumption of innocence – Ongoing investigations and witness interference – 90‑day pre‑trial custody limit for murder – COVID‑19 not sufficient without medical evidence.
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28 August 2020 |
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Promissory estoppel defence cannot be summarily determined where duress, undue influence, and factual disputes require trial.
Promissory estoppel – release and discharge – duress and undue influence – consideration – lawyer’s duty and client accounting – preliminary point versus trial on disputed facts.
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27 August 2020 |
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Whether the Executive may compel judicial officers to proceed on leave pending retirement, implicating separation of powers.
Constitutional law — Separation of powers — Judicial independence — Executive compelled leave pending retirement — Leave administration internal to Judiciary — Ultra vires acts — Use of public office title.
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27 August 2020 |
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20 August 2020 |
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Toxicology established poisoning but absence of evidence who administered it meant the prosecution failed to make a case for murder.
Criminal procedure — sufficiency of prosecution case under section 254/313 — murder — causation and malice aforethought — toxicology detection of organophosphate (Termik) — circumstantial evidence and last-seen doctrine — investigative shortcomings — acquittal.
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19 August 2020 |
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18 August 2020 |
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18 August 2020 |
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14 August 2020 |
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Court struck out the defence for non‑compliance and held police failures to investigate and prevent sexual violence breached Applicants’ constitutional rights.
Constitutional law — Police misconduct — State positive duty to investigate and prosecute sexual violence — Failure to investigate rape by police officers breaches rights to dignity, freedom from torture/inhuman and degrading treatment, equality and access to justice — Judicial review remedies, declarations and mandamus; civil procedure — sanction for non-compliance with court directions; Independent Complaints Commission — operationalization and oversight.
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13 August 2020 |
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13 August 2020 |
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7 August 2020 |
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3 August 2020 |