JOHN FASHA discusses set-offs, cross-claims for or against insolvent companies or companies under administration, and restrictions on securities for costs for those who have used cross-claims. A CROSS-CLAIM IS AN ACTION brought by a defendant against the plaintiff, another co-party or a third party1 to counter or set-off to reduce or extinguish the plaintiff’s claim. This is…
In New South Wales, the Prosecutor’s Duty of Disclosure is governed by Prosecutorial Guideline 18 of the NSW Office of the Director of Public Prosecutions (“DPP”), which states: “Prosecutors are under a continuing obligation to make full disclosure to the accused in a timely manner of all material known to the prosecutor which can be…
A closing address for the prosecution is crucial as it is the final opportunity to address and persuade the judge or jury of the Crown’s case. A closing address parallels the opening address where the facts are reviewed and is the argument in favour in which the important evidence supporting the prosecution’s position is selected,…
INTRODUCTION A Statute of Limitations is an enactment in a legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. The purpose of a Statute of Limitations or its equivalent is to ensure that the possibility of punishment for an act committed long ago cannot…
Question • Can a prior out of Court statement which is made by an accused for the purpose of instructions to his or her Solicitor be objected to on the grounds of Legal Professional Privilege if he or she subsequently discloses it in Court to prove an alibi? Issues • Does the communication satisfy the…
(i) The admissibility of implied assertions Implied assertions are of two kinds – those implied from statements not intended to assert a particular fact, and those implied from conduct not intended to assert a particular fact.[1] Previous Common Law Position The position of the common law prior to Walton v The Queen (1989) 166 CLR 283 (“Walton”)…