Uncomplicating Expert Evidence by Simon Harben SC
This paper covers using expert opinions in civil and criminal trials and ensuring the opinions obtained from them remain admissible as evidence. Download paper.
So your appeal on sentence from the Local Court to the District Court fails. What can you do? By Simon Harben SC
This paper covers the potential remedy if your appeal on sentence from the Local Court to the District Court fails. Download paper.
Video Evidence in Local Court Hearings –Considerations and Possible Objections by Gillian Jewison
A brief PowerPoint covering video evidence in Local Court Hearings, touching on the topics of Body Warn Video as Domestic Violence Evidence in Chief, Body Warn Video of Admissions, CCTV Footage and Mobile Phone Footage. Download paper.
Crossing the Rubicon: Calling your client and adducing evidence from them in Defended Hearings and Sentence Matters by Robert Hussey
While the objectives for calling your client may be clear, there is always a degree of uncertainty and venturing into the unknown when adducing evidence from them. This paper is divided into two parts. Part 1 – Adducing evidence from your client in defended matters – Trials and Defended Hearings.…
Admissibility of Identification Evidence of Persons on CCTV by Jacob Tate
Summary: This is a paper intended to be of some assistance as a cheat sheet or guide to the admissibility of identification evidence when a person (family member, police officer or someone else) says they identify a person from CCTV footage or a photo as being the accused. Download paper.
Section 151Z: Legislative Ogre
Simon Harben SC, 2004 Download the paper here: Section 151Z: Legislative Ogre - Simon Harben SC 2004.
High Court examines Tendency Evidence in Hughes v The Queen
Lizzy Mclaughlin, 14 July 2017 Between 1995 and 2014, there was an almost doubling in the reporting of child sexual abuse or child sexual assault offences in NSW. The most recent of these decisions is Hughes v The Queen [2017] HCA 20 (‘Hughes’) which focuses on the criteria for ‘significant…
Are Fund Management Applications Still a "Gray" Area?
Simon J. Harben SC, 24 April 2015 Download the paper here: Are Fund Management Applications Still a "Gray" Area? - Simon J. Harben SC 24 April 2015
Family Law – Some practical Tips
Terry Betts, 20 May 2016 Good family lawyers should always conduct their litigation with the final hearing in mind. In many cases, the result at the final hearing – whether good or bad – can be traced back to what happened at the beginning. With hindsight, you can often see…
Dealing with Statutory Demands Arising from the Building and Construction Industry Security of Payment Act 1999
Timothy Bland, 29 April 2016 In formulating this seminar it has become clear that the topic as originally submitted is only part of the way of dealing with judgments and of course Statutory Demands (459E Notices) following the decision In the matter of Douglas Aerospace Pty Ltd [2015] NSWSC 167 (9…