Victorian Court of Appeal holds that multiple hearsay exceptions can be relied upon cumulatively.
When an unlawful phone search still makes it into evidence
An unlawful phone search will not automatically sink the prosecution case. In s 138 applications, courts will look closely at why police acted unlawfully — not just whether they did.
Another pathway for the admissibility of expert reports
A recent NSW Supreme Court decision clarified that expert certificates under s 177 of the Evidence Act can serve as a stand-alone method for admissibility of expert opinion, bypassing usual requirements. This process, beneficial for less contentious opinions, aids prosecution while necessitating prompt objections from the defense to challenge such evidence effectively.
Admissibility of geo-location evidence: New VSCA decision
The Victorian Court of Appeal's latest decision on call charge record data may lower the standard of expert evidence required.
How far must the prosecution dig for disclosure material?
LACHLAN MAHON: The Court of Appeal says the prosecution is only obliged to obtain material from third parties in limited circumstances.
Understanding disclosure certificates in Victorian criminal proceedings
Disclosure certificates, required by the Criminal Procedure Act 2009, help ensure fair trials by detailing undisclosed evidence. They promote accountability and guide courts while emphasising the ongoing nature of disclosure obligations throughout cases.
Workplace manslaughter in the Court of Appeal – Case note: DPP v LH Holding Management [2025] VSCA 75
Court of Appeal upholds DPP's appeal against first sentence imposed for workplace manslaughter, lifting the fine imposed an an offending company to $3 million.
March 2025 Major Cases Update
A summary of the major regulatory fines imposed in March 2025.
What’s the case against me?
The particulars wars continue. The most recent battle in the Court of Appeal over whether a regulatory charge contained adequate particulars.
Reasonable efforts to secure an unavailable witness – Case note: ASIC v Money3 Loans [2025] FCA 110
A case note on the Federal Court's decision to refuse to admit hearsay evidence where not all reasonable steps had been taken to secure a witness' attendance at court.