Supreme Court of Tasmania

Aust Dig [1173] — Evidence Act 2000 (Tas) ss 117, 118 and 119. — Competition and Consumer Commission v Cadbury Schweppes Pty Ltd [2009] FCAFC 32, 174 FCR 547; Buzzle Operations Pty Ltd v Apple Computer Australia Pty Ltd [2009] NSWSC 225…

Aust Dig Magistrates [1349] — Criminal Law - Appeal and new trial - Appeal against sentence - Grounds for interference - Sentence manifestly excessive or inadequate — Legislative policy underpinning firearms storage requirements. — Aust…

Clark v Apted [2026] TASSC 30; McDonald v Nilsson [2009] TASSC 83, applied. — Aust Dig Magistrates [1349]

Equity — Trusts and trustees — Implied trusts — Constructive trusts — Unconscionable conduct — Baumgartner v Baumgartner [1987] HCA 59, 164 CLR 137, distinguished. — Muschinski v Dodds [1985] HCA 78, 160 CLR 583, referred to. — Aust Dig…

Administrative Law — Judicial review — Grounds of review — Generally — Security deposit scheme with respect to mining leases — Security deposit supplied by third party in discharge of lessee's obligations — Safety hazard caused by mining…

Procedure - Civil proceedings in State and Territory courts — Costs - Indemnity costs — Particular cases — Indemnity costs awarded. — Aust Dig Procedure [1574-1579] — Equity — General principles — Generally - Other matters - Cherry v…

Procedure — Civil proceedings in State and Territory courts — Costs — Time for costs orders to be made — Reservation of costs until after particular event — Application for costs following determination of separate questions resulting in…

Aust Dig Administrative law [1044]

Administrative Law — Judicial review — Grounds of review — Procedural fairness — Hearing — Nature of hearing — Refusal of adjournment — Where extended notice of hearing given — No breach of duty to afford natural justice established…

Criminal Law — Sentence — Post custodial orders — Other types of post custodial orders — Other matters - High risk offender — Respondent poses an unacceptable risk of committing another serious offence unless a high risk offender order is…

Criminal Law — Sentence — Post custodial orders — Other types of post custodial orders — Other matters — High risk offender — Respondent poses an unacceptable risk of committing another serious offence unless a high risk offender order is…

Corporations — Management and administration — Meetings of members — Quorum requirements — Corporations — Management and administration — Directors and other officers — Removal of managing director — Validity of resolution — Corporations…

Magistrates — Appeal and review — Tasmania — Motion to review — Powers of court — Notice of review sought review of "orders" of Magistrate to adjourn matter to a date for hearing and recording of a plea of not guilty — Adjournment did not…

Administrative Law — Administrative tribunals — Statutory appeals from administrative authorities to courts — Legal Disciplinary Tribunal determined matter pursuant to s 458 of Legal Profession Act — Appellant filed appeal to Supreme…

Procedure — Civil proceedings in State and Territory courts — Time, extension and abridgment –Application to review costs orders made by magistrates — Application filed out of time — Magistrates' determinations made in 2019 — Notice…

Practice and Procedure — Stay of proceedings — Stay of tribunal orders pending appeal — Principles governing grant of stay — Whether appeal raises serious issues for determination — Whether real risk of prejudice if stay not granted…

Succession — Construction of testamentary dispositions — Testamentary dispositions generally — Specific, general — dispositions — Specific gift means that s 44(1) of the Wills Act — 2008 does not apply because a contrary intention appears…

Real Property — Torrens title — Caveats against dealings — Removal — Proceedings under Land — Titles Act 1980 (Tas), s 52(14) — Priority notices — Application — to remove priority notice under s — 52 — Nature of inquiry — Lodging party's…

Magistrates — Appeal and review — Tasmania — Motion to review — Powers of court — Indecent assault contrary to s35(3) of the Criminal Code — Review of magistrates sentencing orders and refusal of magistrate to make a community protection…

Practice and Procedure — Costs — Interlocutory proceedings — Costs payable forthwith — Whether unsuccessful party engaged in unreasonable conduct — Whether application resolved discrete aspect of case — Whether clear notice of defects was…

Succession — Making a will — Testamentary instruments — Lost — will — Original will was uplifted from the solicitors' — strong room and was — lost in transit by Australia Post — Aust Dig Succession [1043]

Procedure — Civil proceedings in State and Territory courts — Discovery and interrogatories — Interrogatories — Generally — "Necessary" means "reasonably necessary for the disposing fairly of the cause or matter" or "necessary in the…

Procedure — Civil proceedings in State and Territory courts — Costs — Offers of compromise, payments into court — Informal offers and [name withheld] letters — Unreasonable refusal of offer — Application by successful — defendant for…

Equity — Equitable remedies — Specific performance — Alternative and incidental forms of relief — Contract for the sale of land — Separate questions in action — Anticipatory breach — Repudiation — Purchasers insistence on erroneous…

Workers Compensation — Proceedings to obtain compensation — Preliminary requirements — Omission in completion of — approved claim form — Whether a failure to sign invalidates claim — What constitutes — reasonably ascertainable information…

Appeal and New Trial — Procedure — Time for appeal — Generally — When does the time limited for filing an appeal commence to run — Where reasons handed down prior to making of orders — Appeal to be instituted 21 days after final judgment…

Administrative Law — Administrative tribunals — Generally — Appeal from General Division of TASCAT to Supreme Court — Where appellant stood down with pay pending decision on whether workplace complaint to be formally investigated…

Civil Proceedings in State and Territory Courts - Court Supervision — Amendment to pleadings - Defamation proceedings - Interlocutory — application to — amend the statement of claim dismissed because the proposed new imputation is — not…

Real Property - Recovery under clause entitling mortgagee to possession upon — default of mortgagor — Land Titles Act 1980 , s 146 — Aust Dig Real — Property — [1356]

Administrative Law — Prerogative writs and orders — Certiorari — Declaratory relief — Particular matters — council made a general rate without consulting ratepayers — Making a — general rate is a power of a council and not — a function…

Procedure — Supreme Court procedure — Tasmania — Practice — (Procedure) under Rules of Court — Inherent jurisdiction — Particulars of application for order of review. — Aust Dig Procedure [276] — Procedure — Supreme Court procedure…

Administrative Law — Judicial review — Grounds of review — Procedural fairness — Consequence of failure to — accord procedural fairness — Destruction order made in respect of a dangerous dog — Further — inquiry as to possible secure…

Succession - Probate and letters of administration - Alteration and — revocation of grants - Intestacy beneficiaries' application to — revoke letters of — administration - Unadministered intestate estate - Agreement between four…

Procedure — Miscellaneous procedural matters — Other matters — Reservation of appeal for determination by Full Court — Discretion — unfettered but confined by proper construction of conferring provision — Full Court primarily a court of…

Procedure — Civil proceedings in State and Territory courts — Costs — Recovery of costs — Time for payment — Rule of Court — Power to "otherwise order" — Operation of the general rule — delaying payment until the end of the principal…

Criminal law - Procedure - Adjournment, stay of — proceedings or order restraining proceedings - Abuse of — process — In general - Second application for breach of a — suspended sentence on identical grounds — Aust Dig Criminal Law…

Criminal law - Sentence - Post-custodial orders - Other — types of post-custodial orders - Other matters — Application for — high risk offender order - Respondent sentenced to 6-year custodial term — Earliest release date 17 March — 2026…

Administrative Law - Administrative Tribunals - Generally — Appeal of decision of Tasmanian Civil and Administrative — Tribunal ("TASCAT") — General Division, Personal Compensation Stream (Workers Rehabilitation and — Compensation)…

Equity - Equitable remedies - Interlocutory injunctions — Injunctions to preserve status quo or property pending determination — of rights — Freezing order ( Mareva injunction) -- Urgent ex parte — interim relief granted. — Aust Dig…

Workers' compensation - Proceedings to obtain compensation — Determination of claims - Jurisdiction of courts, tribunals — Question of law - Operation and application of s 69(13) Workers — Rehabilitation and Compensation Act 1988…

Criminal Law — Sentencing — Procedural fairness in sentencing — Whether sentencer required to give notice of contemplation of custodial sentence — Whether failure to give notice productive of unfairness or injustice — Represented…

Administrative law - Judicial review - Grounds of — review - Error of law - Revocation of accreditation as — workplace — rehabilitation provider - No error of law that revocation in the — public interest. — Aust Dig Administrative Law…

Succession — Family provision — Testator's family maintenance — Requirement for adequate and proper maintenance — Jurisdictional question — Whether applicant left without adequate provision — Adult children — Able-bodied adult child…