31 July

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How Informant Evidence can Prevent Justice and Lead to Wrongful Convictions

Last week, on 26 July 2019, convicted murderer Faruk Orman, walked free after serving 12 years in prison. His conviction was overturned following shocking revelations that his barrister, Lawyer X (aka Nicola Gobbo) was providing information to police that led to his ultimate conviction. The Victorian Court of Appeal held that the information provided by Ms Gobbo led to a contamination of his case and found that the conviction was a “substantial miscarriage of justice”. This is the first conviction to be overturned by the Court of Appeal in Victoria since the start of the Royal Commission. Sadly, though, it is...

26 July

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Public Interest Criterion 4020: Lessons from Wehbe v Minister for Home Affairs

Posted by Chris Korbel

in Immigration

In the High Court matter of Wehbe v Minister for Home Affairs [2018] HCA 50 the court upheld the delegate of the Minister’s decision to refuse a visa applicant on the basis of a bogus document pursuant to the Migration Regulations 1994 (Cth) (‘the Regulations’) Schedule 4 Public Interest Criterion 4020. There are important lessons from Wehbe for visa applicants who are required to satisfy Public Interest Criterion 4020. We provide some equally important key takeaways of this case further below. In our article Everything you need to know about public interest criterion 4020 we discussed the requirements of Public Interest Criterion...

26 July

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Costs in Civil Litigation

Posted by Chris Korbel

in Litigation

The commencement of litigation is generally viewed as the ‘last resort’ in a dispute and connotations which are implicitly conveyed often flow to the other party which are analogous to a UFC match when the contenders enter the octagon and the announcer says: it’s…time… While it can be viewed as the only remaining option, in most civil matters where parties are represented, the matter will not go forward to a full trial in the courts. Most parties will reach a settlement which can be achieved by numerous means and is often in the best interests of everyone involved, and may also...

11 July

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Appealing a Visa Refusal or Visa Cancellation – Merits Review and Judicial Review

Posted by Chris Korbel

in Immigration

A person’s visa may be refused or cancelled under various grounds pursuant to the Migration Act 1958 (Cth) (the Act). Depending on the person’s circumstance and whether the person’s visa refusal or visa cancellation was valid or not, there may be a right to appeal the decision. Generally, among other things, a valid Notice of Refusal of Application or Notice or Cancellation will state whether the application for a visa is a reviewable decision or not, and will usually specify a strict time period if the decision can be appealed. To ascertain whether the respective notice is valid and/or whether the decision...

11 July

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Removal or Deportation from Australia: A Civil and Criminal Overlap

Posted by Chris Korbel

in Immigration

The commonality between whether a person is removed or deported from Australia is that in both cases they are forcibly removed from Australia. There are important distinctions and applications between the two mechanisms available to the Minister and the Department of Home Affairs. In short, removal is an automated process when an unlawful non-citizen is held in immigration detention and has failed to satisfy strict statutory requirements. Deportation requires a specific deportation order to be made against an Australian permanent resident pursuant to the Migration Act 1958 (Cth) (the Act) In either case, a person will usually be interviewed prior to being removed...

25 June

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No Body, No Parole – Recent decision of Lincoln v Parole Board of Queensland [2019]

Posted by Adam Moschella

in Criminal Law & Offences

The recent decision of Lincoln v Parole Board of Queensland [2019] QSC 156 demonstrates the application section 193A of the Corrective Services Act 2002. This provision is more commonly referred to as the “No body, no parole law”. The decision demonstrates that the application of the law does not specifically go to knowledge of the whereabouts of the remains of the victim of an unlawful killing. Rather, it is broader and parole can be denied where a prisoner has not cooperated satisfactorily with the investigation of the offence as a whole which could potentially lead to the location of the deceased. When...

10 June

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Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

Posted by Adam Moschella

in Criminal Law & Offences

R v Nunn [2019] QCA 100 – Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle In a decision by the Court of Appeal on 7 May 2019 and published on 28 May 2019, the Court again affirmed the “extraordinary circumstances” principle which is relevant when dealing with mature persons charged with trafficking in Schedule 1 dangerous drugs. Traditionally, case law dictates that in circumstances where drug trafficking is large scale, the sentences which are imposed on mature offenders who have plead guilty range from 10 – 12 years imprisonment. This recent decision indicates that the principle, is to be...

10 June

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Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Posted by Chris Korbel

in Litigation

The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in civil proceedings. Nevertheless, the civil proceeding can and often runs...

10 June

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Everything you need to know about Public Interest Criterion 4020

Posted by Chris Korbel

in Immigration

Has your Visa been refused under Public Interest Criterion 4020 Notice? Here’s What You Need to Know The occurrence of fraud or accidental provision of fraudulent documents across the visa applications process poses a high risk for not only the Department of Home Affairs but also for society at large. The concerns of the Department seem to stem from a real risk of visa applicants who fraudulently misuse their visa to facilitate illegal and heinous acts, including people smuggling, human trafficking, drug trafficking or terrorist operations. While these are justified and compelling policy factors, which are in the public’s interest, the vast majority...

10 June

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The definition of murder has been expanded – but is this a step too far?

Posted by Potts Lawyers

in Criminal Law & Offences

Old Definition of Murder Before the 1 May 2019, a person could only be convicted of murder in Queensland if it could be shown that the person intended to kill or cause grievous bodily harm to a person. New Definition of Murder Following the recent passing of the Criminal Code and Other Legislation Amendment Bill 2019 on 1 May 2019, the definition of murder has since been expanded to include death caused by an act done or omission made with reckless indifference to human life. The New Defintion of Murder Explained The new definition essentially means that if a person foresees death as a probable...

How Informant Evidence can Prevent Justice and Lead to Wrongful Convictions

Public Interest Criterion 4020: Lessons from Wehbe v Minister for Home Affairs

Costs in Civil Litigation

Appealing a Visa Refusal or Visa Cancellation – Merits Review and Judicial Review

Removal or Deportation from Australia: A Civil and Criminal Overlap

No Body, No Parole – Recent decision of Lincoln v Parole Board of Queensland [2019]

Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Everything you need to know about Public Interest Criterion 4020

The definition of murder has been expanded – but is this a step too far?

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