APPEAL AND NEW TRIAL – Complainant’s appeal against sentence – whether error by magistrate in sentencing process shown – whether sentence shown to be inadequate – appeal dismissed.CRIMINAL LAW – Sentence – fine – determination of fine as percentage of maximum, then discount for mitigating factors – impermissible two-stage sentencing process – error of law – sentence not inadequate – appeal dismissed

TRAFFIC LAW – TRAFFIC REGULATION – TRAFFIC SIGNS AND ROAD MARKINGS – where the applicant claimed a school zone installed by the first respondent was illegitimate, due to an alleged failure to comply with guidelines the applicant found on the Internet – where the applicant did not produce evidence of the legal status of the guidelines – where the Court considered the lawful process for installation of a school speed zone – whether the applicant could show the lawful process was not followedADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – DECLARATIONS – where the applicant sought declaratory relief in the Supreme Court – whether the applicant identified a legal controversy for determination – whether the application failed at the threshold

COURTS AND JUDGES – COURTS – JURISDICTION AND POWERS – TRANSFER OF PROCEEDINGS TO OR FORM HIGH COURT AND BETWEEN COURTS – OTHER MATTERS – where the claim arose out of another proceeding pending in the New South Wales Supreme Court – where there was a strong jurisdictional connection to Queensland – where the Queensland Supreme Court had jurisdiction to hear the proceeding – where the defendant’s reasons for the transfer bore only upon discretionary considerations – whether the Court ought exercise its discretion to transfer the proceeding

REAL PROPERTY – RATES AND CHARGES – RATING OF LAND – CATEGORIES OF LAND – where local government has implemented differential general rates – where land owner appeals against decision of local authority on the land owners objection to a rating category for the land – where statutory provisions contemplate categories may be changed from time to time – where respondent uses its own policy to categorise land – where the subject land is used for grazing purposes and burdened by petroleum leases

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INDEMNITY COSTS – where the defendants made an application for the plaintiffs to pay costs on the indemnity basis – whether the plaintiffs should pay the defendants’ costs on the indemnity basis – whether there was some special or unusual feature of the case that justified a departure from the usual rule that the costs of a successful party are to be calculated on the standard basis – whether costs calculated on the indemnity basis should be ordered.PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – FORM OF PLEADING – COSTS – where the plaintiffs advised of an intention to file an amended pleading, which did not occur – where the defendants made an application that the plaintiffs’ claim be set aside, and the statement of claim be struck out – where the plaintiffs consented to the claim to be set aside and the statement of claim to be struck out after the hearing.PROFESSIONS AND TRADES – LAWYERS – where the plaintiffs’ counsel did not provide written submissions at the hearing of the defendants’ application that the plaintiffs’ claim be set aside, and the statement of claim be struck out – where the plaintiffs consented to the claim to be set aside and the statement of claim to be struck out after the hearing – whether the plaintiffs’ legal representatives are personally liable for the defendants’ costs.

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was subject to a supervision order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 – where the respondent has contravened a condition of that order by consuming a non-prescription medication – where the proceedings were brought under Division 5 of Part 2 of the Act – where the respondent has been assessed by psychiatrists – whether the adequate protection of the community can be ensured by the existing supervision order

PLANNING AND ENVIRONMENT – APPEAL – appeal against approval of a development application for an integrated Caravan Park and Accommodation VillageASSESSMENT – whether proposed conditions are an unreasonable imposition on the development – whether the proposed conditions are reasonably required

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – ADMINISTRATION AND FINANCIAL MANAGEMENT – JURISDICTION, PROCEDURE AND EVIDENCE – where the applicant is the beneficiary of settlement monies arising from a personal injuries claim, but has an impaired capacity to manage its administration – where the applicant seeks orders for and in connection with the appointment of an administrator – whether the Court has jurisdiction to make the orders sought, either under sections 12 and 245 of the Guardianship and Administration Act 2000 or in the exercise of its parens patriae jurisdiction

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PRACTICE UNDER RULES OF COURT – PLEADING – LEAVE TO WITHDRAW ADMISSIONS – where the plaintiff commenced a proceeding against the defendant for damages for personal injuries and consequential loss – where the defendant made application for leave to withdraw express admissions – where the defendant also made an instanter application for leave to withdraw deemed admissions – whether there is a genuine dispute about matters expressly admitted or deemed to be admitted – whether leave to withdraw admissions pursuant to r 188 of the Uniform Civil Procedure Rules (Qld) 1999 should be granted in all of the circumstances

CIVIL PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – INHERENT AND GENERAL STATUTORY POWERS –GENERALLY – Where undertaking given to the court not to file further proceedings without leave – Application for leave to file application under rule 667 Uniform Civil Procedure Rules 1999

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – REVIEW OF EVIDENCE – where the appellant was charged with one count of trafficking and three counts of supply – where the particulars for those counts were presented on alternative bases – where it was alleged that the defendant was engaged in carrying on the business of unlawfully trafficking a dangerous drug either directly or in partnership with others – where there were 20 events which constituted the evidence for all counts on the indictment – where the trial judge did not identify which events were relevant to each alternative case as particularised – whether the primary judge erred in failing to direct the jury as to the evidence relevant to each alternativeCRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTIO AND NON-DIRECTION – OTHER MATTERS – where the particulars did not refer to s 7 of the Criminal Code – where the particulars referred to a “common unlawful purpose” – where particulars did not identify how the alleged common purpose demonstrated a proper basis of criminal responsibility – whether the trial judge erred in directing the jury that “joint criminal enterprise” and “common unlawful purpose” were interchangeable

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – RAPE – where after a retrial on the charge of rape, the appellant was convicted and sentenced to seven years imprisonment – where the appellant appeals against his conviction of rape to this Court – where the question for the appellate court must always be whether the Court considers that, upon the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty – where the predominant issue at trial was the issue of consent, including a mistake of fact as to the complainant’s consent – where the respondent submitted that it was open to the jury to conclude that the consent to sexual intercourse referred to by the complainant in cross examination evidence was not free and voluntary – where there was abundant uncontroverted evidence given by the complainant of sustained violence by the appellant in the period immediately prior to intercourse – where it was for the jury, and open to them, to find that the complainant gave an honest and reliable account, particularly given that it was corroborated by the evidence of both children and photographic evidence of her injuries – whether the verdict was unreasonable or insupportable – whether the appeal should be allowedCRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – OFFENCES AGAINST THE PERSON – RAPE – whether directions as to mistake of fact were confusing and objectively inaccurate – whether in giving a final direction on mistake of fact there was error in failing to give a repeat direction on the standard of proof required of the prosecution to negate the defence of mistake of fact beyond a reasonable doubt – where the final redirection was given in conjunction with the aide memoire, which itself specifically identified the requisite standard of proof – whether there has been a misdirection – whether the appeal against conviction should be allowedCRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – OFFENCES AGAINST THE PERSON – RAPE – where the applicant sought an extension of time to appeal against his sentence of seven years – where the applicant’s explanation for leave to appeal against sentence was that his lawyer did not provide him with any information about appealing his sentence – where the applicant’s appeal against conviction was lodged in time – whether a provisional assessment of the viability of an application to appeal against sentence demonstrates that the interests of justice do not warrant the grant of the extension application – where the applicant was 41 years old at the time of the offences and 43 years of age at sentence and had repeatedly been convicted of offences of violence, particularly in a domestic setting – where those convictions span almost a 20 year period

https://www.sclqld.org.au/caselaw/QCA/2019/43

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS –– GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the first defendants applied for summary judgment – where the summary judgment application was dismissed – where the first defendants failed to discharge the onus of showing an entitlement to summary judgment – whether costs should follow the event or whether another costs order was appropriate

PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – SERVICE – Whether r.12 of the Planning & Environment Court Rules 2018 requires personal service of an Originating application

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was subject to examination by psychiatrists for the purposes of the application – whether the respondent, pursuant to s 30(1) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (“the Act”) remains a serious danger to the community – whether adequate protection of the community can only be ensured at this time by the making of a continuing detention order under s 30(3)(a) of the Act

https://www.sclqld.org.au/caselaw/QCA/2019/38

DEFAMATION – ACTIONS FOR DEFAMATION – TRIAL – FUNCTIONS OF JUDGE AND JURY – IN GENERAL – where the plaintiffs brought a defamation action – where the only issue for the jury is whether the broadcast conveyed the imputations pleaded by the plaintiff – where the plaintiffs and defendants propose competing trial plans – where the plaintiffs propose that the jury be present for all the evidence in the plaintiffs’ case – where the defendants propose that the jury be present for only a directed opening to the jury, the playing of the broadcast and the parties’ submissions about whether or not the pleaded imputations were conveyed – whether the plaintiffs’ or the defendants’ trial plan should be adopted

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – DANGEROUS SEXUAL OFFENDER – GENERALLY – where the respondent was subject to examination by psychiatrists for the purposes of the application – whether the respondent, if released without a Division 3 Part 2 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (“the Act”) order, presents an unacceptable risk of committing a serious sexual offence – whether adequate protection of the community can only be ensured at this time by the making of a continuing detention order under s 13(5)(a) of the Act

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – STRIKING OUT – where the plaintiff’s vessel ran aground near Stradbroke Island and lost – where the plaintiff pleads a number of facts said to give rise to causes of action against the defendant for negligence and breach of statutory duty – where the defendant makes application for orders striking out aspects of the plaintiff’s claim and statement of claim – whether parts of the claim are properly brought – whether parts of the statement of claim have a tendency to delay a fair trial of the proceeding, are irrelevant to any pleaded cause of action or are frivolous or otherwise an abuse of the court process