Van Eyle v McFarlane

Supreme Court of the ACT, 29 January 2025
[2025] ACTSC 4, (2025) 22 ACTLR 64

• Criminal Law — Sentence — Act of indecency — Aggravating factor — Whether sexual gratification an aggravating factor — Whether sexual gratification an inherent characteristic of an act of indecency — Crimes Act 1900 (ACT), s 60

Re Pavic

Supreme Court of the ACT, 20 December 2024
[2024] ACTSC 414, (2024) 22 ACTLR 51

• Succession — Probate and Administration — Forfeiture rule — Operation of forfeiture rule where beneficiary son convicted of manslaughter of mother — Where mother had been made beneficiary of deceased husband's testamentary trust until her death or remarriage — Where mother's manslaughter vested in possession son's interest in the trust — Judicial advice sought by plaintiff daughter to enable final distribution of testamentary trust — Whether forfeiture rule engaged by manslaughter — Where divergent interstate appellate authority — Criminal culpability of son engaged forfeiture rule in any case — Whether forfeiture rule should operate to deprive son of interest — Interest should be so precluded — Contrary interstate first-instance authority not followed — Whether plaintiff entitled to trust assets — Operation of rule in Saunders v Vautier such that plaintiff was sole lawful beneficiary of the trust and so entitled to have the balance of trust assets transferred to her — Whether costs order necessary — Costs order not warranted given success of application — Costs payable out of estate — Trustee Act 1925 (ACT), ss 59(4), 63

Benz v Baldock

Supreme Court of the ACT, 16 December 2024
[2024] ACTSC 399, (2024) 22 ACTLR 28

• Criminal Law — Offence of unauthorised camping on unleased National Land — Whether appellant sleeping in a car constituted ‘camping’ — Australian Capital Territory National Land (Unleased) Ordinance 2022 (Cth), s 68