Criminal Procedure 11.7 “Trial Procedure”
Updated by Professor Mirko Bagaric, Professor, School of Law, Swinburne University of Technology

This Subtitle deals with the procedural aspects of the criminal trial process. This update discusses McInnes v The Queen [2022] VSCA 188, which considers whether a trial should be held by judge alone. The issue of juror secrecy is also featured.

Key Cases: McInnes v The Queen [2022] VSCA 188; Murphy v The Queen [2020] VSCA 111.

Criminal Procedure 11.8 “Appeals”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle deals with appeals against conviction and sentence, the powers of the appeal court, the procedural aspects of the appeal process, and petitions of mercy and pardons. This update addresses South Australia and the Joint Criminal Rules 2022 (SA).

Key Legislation: Joint Criminal Rules 2022 (SA).

Criminal Sentencing 12.5 “Non-custodial Orders”
Updated by Kate M Bonney, Barrister, Brisbane Chambers

This Subtitle concentrates on the major non-custodial sentences available in Australian jurisdictions. This update discusses the impact of a recorded conviction and the nature or “triviality” of an offence. Intensive correction orders dealt with in the Sentencing Act 2017 (SA) are also addressed.

Key Legislation: Sentencing Act 2017 (SA).

Criminal Sentencing 12.11 “Inter-jurisdictional Enforcement”
Updated by Professor Ned Aughterson, Emeritus Professor of Law, Hong Kong Shue Yan University

This Subtitle deals with the inter-jurisdictional enforcement of sentences and the transfer of prisoners between the States and Territories. This update discusses the costs involved with maintaining an applicant in custody.

Key Cases: Masters v Minister for Police and Corrective Services and Minister for Fire and Emergency Services [2022] QCA 47.  

Finance, Banking and Securities 18.6 “Documentary Credits and Demand Guarantees”
Updated by Stephen Cremean, Associate, Kennedys

This Subtitle covers documentary letters of credit, standby letters and demand guarantees. This update deals with the doctrine of strict compliance.

Key Cases: Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85; [2016] HCA 47.

Currently scheduled upcoming updates (subject to change):

• Administrative Law 2.7 “Other Forms of Review and Appeal”
• Business Organisations 4.6 “Company Takeovers”
• Communications 6.6 “Telecommunications”
• Real Property 28.7 “Landlord and Tenant”
• Restrictive Trade Practices 30.2 “Competition Law”

[2016