Monaghan v ACT (No 2) [2016] ACTSC 352 — Bail & Negligence — Barrister AI

Monaghan v ACT (No 2)

[2016] ACTSC 352

Supreme Court of the ACT30 November 2016

More

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Procedure
2. › BAIL
3. › Variation of bail conditions
4. › Whether subject of bail is required to sign a further undertaking or notice to make variation of conditions of bail effective
5. › Significance of written undertaking to appear and comply with any conditions
6. › Variation to conditions becomes effective upon an order being made by the Court
7. › Plaintiff did not have to sign a notice of variation
1. Torts
2. › Negligence
3. › Failure by Registry staff to provide accurate information to Australian Federal Police about bail conditions
4. › Whether ACT breached a duty of care owed to the plaintiff
5. › Whether damages arising from detention of plaintiff recoverable in cause of action in negligence
6. › Extent to which Civil Law (Wrongs) Act 2002 (ACT), s 35 precludes award of damages arising from detention
1. Human Rights
2. › Compensation
3. › Human Rights Act 2004 (ACT), s 18(7)
4. › Whether s 18(7) provides freestanding cause of action
5. › Whether plaintiff entitled to compensation for being arrested and detained
6. › Whether plaintiff entitled to compensation greater than awarded in common law claim

Case Details

Citation[2016] ACTSC 352

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date30 November 2016

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 16 later cases that cite this judgment.

6 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by16

2025Millington v Peach (No 2)ACTSC 21
2024McIver v ACTACTCA 36
2024McIver v Australian Capital Territory; Williams v Australian Capital TerritoryACTSC 112
2024Deng v Australian Capital TerritoryACTCA 10
and 12 more after sign-in

Relies on45

2016Strano v Australian Capital TerritoryACTSC 4
2015Rook v State of New South Wales (No 3)NSWDC 154
2014Fernando v Commonwealth of AustraliaFCAFC 181
2014State of New South Wales v AbedNSWCA 419
and 41 more after sign-in

Create free account

Already have an account? Sign in

See how it works