Equality before the Law Bench Book update 21 published
The Equality Before the Law Bench Book has been updated to include a new chapter: “Trauma-informed courts”. Below is an outline of the new chapter. Section 12 — Trauma-informed courts There has been a...
View ArticleSexual Assault Trials Handbook Update 37 published
The following sections have been updated: [1-025] Sexual offences — brief legislative history and [1-040] Meaning of “consent” have been revised to incorporate amendments to the Crimes Act 1900 and the...
View ArticleLocal Court Bench Book Update 145 published
The following files have been updated: Specific penalties and orders has been updated as follows: Crimes Act 1900 has been amended by: (a) Crimes Legislation Amendment Act 2021 to include new offence...
View ArticleSentencing Trends & Issues No 48 — Sentencing for domestic violence in the...
The post Sentencing Trends & Issues No 48 — Sentencing for domestic violence in the Local Court appeared first on Judicial Commission of New South Wales.
View ArticleSentencing for domestic violence in the Local Court published
Domestic violence is a serious, prevalent and persistent issue in NSW, denying victims their right to live free from violence, and the opportunity and freedom to reach their full potential. A major...
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View ArticleCriminal Trial Courts Bench Book Update 71 published
Update 71, December 2022 Update 71 amends the Criminal Trial Courts Bench Book to incorporate recent case law and legislative developments. The following chapters have been revised: Outline of trial...
View ArticleCivil Trials Bench Book Update 50 published
The following changes have been incorporated into this update: [1-0400] Closed court, suppression and non-publication orders It is noted at [1-0410] Court Suppression and Non-publication Orders Act...
View ArticleSentencing Bench Book Update 53 published
Update 53, February 2023 Update 53 amends the Bench Book to incorporate recent case law and legislative developments. The following chapters have been revised:Fines [6-160] Fines for Commonwealth...
View ArticleCivil Trials Bench Book Update 51 published
[1-0000] Disqualification for bias Charisteas v Charisteas [2021] HCA 29 has been added at [1-0020]. The ALRC report, Without fear or favour: judicial impartiality and the law on bias and a paper on...
View ArticleLocal Court Bench Book Update 147 published
The consolidated pdf current to March 2023 may be accessed here. Specific penalties and orders has been updated to incorporate: Crimes Act 1900 amendments: (a) Crimes Legislation Amendment (Assaults on...
View ArticleSexual Assault Trials Handbook Update 39 published
Update 39, March 2023 Sexual Assault Trials Handbook — consolidated and current to Update 39 — March 2023 [PDF] [6-000] Recent sexual assault law on JIRS The following recent cases have been added:...
View ArticleCriminal Trial Courts Bench Book Update 72 published
Update 72, April 2023 Update 72 amends the Criminal Trial Courts Bench Book to incorporate recent case law and legislative developments. The amendments include new chapters titled Defence of mental...
View ArticleSentencing Bench Book Update 54 published
Update 54, May 2023 Update 54 amends the Bench Book to incorporate recent case law and legislative developments. The following chapters have been revised: Intensive correction orders (ICOs)...
View ArticleCivil Trials Bench Book Update 52 published
Update 52, May 2023 [2-0000] Case management Cheng v Motor Yacht Sales Australia Pty Ltd t/as the Boutique Boat Co (2022) 108 NSWLR 342 has been added at [2-0010] Overview and [2-0020] General...
View ArticleChildren’s Court Resource Handbook Update 16 published
The Resource Handbook has been restructured to better present the commentary, articles, cases, legislation and other resources. Older articles have been retained for reference in the Archived material...
View ArticleLocal Court Bench Book Update 148 published
The Local Court Bench Book is available in PDF or html. The Foreword has been updated by his Honour Peter Johnstone, Chief Magistrate. Specific Penalties and Orders has been improved by utilising...
View ArticleCriminal Trial Courts Bench Book Update 73 published
Update 73, June 2023 Update 73 amends the Criminal Trial Courts Bench Book to incorporate recent case law and legislative developments. The following chapters have been revised: Acquittal — directed...
View ArticleEquality before the Law Bench Book Update 23 published
Section 2 — First Nations people Information has been updated at 2.1 — Some statistics to reflect new data including from the 2021 census and updated data published by the Australian Institute of...
View ArticleSexual Assault Trials Handbook Update 40 published
Update 40, July 2023 [6-000] Recent sexual assault law on JIRS The following recent cases have been added: Evidence R v Clarke [2023] NSWCCA 123 — Evidence Act 1995, ss 97A, 101(2) — child sexual...
View ArticleSentencing Bench Book Update 55 published
Update 55, August 2023 Update 55 amends the Bench Book to update and revise with recent case law and legislative developments the following chapters: Purposes of sentencing [2-240] To prevent crime by...
View ArticleCivil Trials Bench Book Update 53 published
Update 53, August 2023 [1-0000] Disqualification for bias QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15, in which there was a finding of...
View ArticleLocal Court Bench Book Update 149 published
Update 149, September 2023 The Local Court Bench Book is available in PDF or html. Specific Penalties and Orders has been improved by utilising Lawcodes to generate penalties in almost all of the...
View ArticleCriminal Trial Courts Bench Book Update 74 published
Update 74, September 2023 Update 74 amends the Criminal Trial Courts Bench Book to incorporate recent case law and legislative developments. Two new chapters, Judge-alone trials and Sexual act have...
View ArticleEquality before the Law Bench Book Update 24 published
The following sections have been updated: Section 1 — Equality before the law Information has been updated at 1.3 — Perception, pronunciation and pronouns including the case of Charisteas v Charisteas...
View ArticleChildren’s Court of NSW Resource Handbook Update 17 published
Care and protection matters Important cases has been updated. The following cases have been added: Re Lucinda Porter (No 2) [2023] NSWChC 2 — kinship/placement assessment requirements at [3-1000]...
View ArticleIntroduction to Lawcodes video
The post Introduction to Lawcodes video appeared first on Judicial Commission of New South Wales.
View Article“Introduction to Lawcodes” video has been released
The video introduces the Lawcodes database and Law Part Codes as well as explaining who uses Lawcodes; how to access the Lawcodes website; and how to search for Law Part Codes and related information....
View ArticleSexual Assault Trials Handbook Update 41 published
Update 41, November 2023 [6-000] Recent sexual assault law on JIRS The following recent cases have been added: Evidence LF v R [2023] NSWCCA 232 — Criminal Procedure Act 1986, ss 306U, 306Y — child...
View ArticleSentencing Bench Book Update 56 published
Update 56, November 2023 Update 56 amends the Bench Book to update and revise various chapters, and incorporate recent case law and legislative developments. The following chapters have been revised:...
View ArticleCivil Trials Bench Book Update 54 published
[2-1200] Change of venue At [2-1210] Transfer of proceedings between courts, the cases Thermasorb Pty Ltd v Rockdale Beef Pty Ltd [2005] NSWSC 361 and Li v Wang [2022] NSWSC 653 have been added as...
View ArticleAnnual Report 2022–2023
The post Annual Report 2022–2023 appeared first on Judicial Commission of New South Wales.
View ArticleLocal Court Bench Book Update 150 published
Local Court Bench Book publishes in html and pdf format. Update 150 of the Local Court Bench Book includes: Specific penalties and orders has been updated to incorporate: Crimes Act 1900 amendments:...
View ArticleCriminal Trial Courts Bench Book Update 75 published
Update 75, December 2023 Update 75 amends the Criminal Trial Courts Bench Book to incorporate recent case law and legislative developments. The following chapters have been revised or added:...
View ArticleEquality before the Law Bench Book Update 25 published
The following chapters have been revised: Section 5 — People with disabilities The chapter has been extensively revised and updated in response to Recommendation 8.11 in the Final Report of the Royal...
View ArticleChildren’s Court of NSW Resource Handbook Update 18 published
Care and protection matters Principles and jurisdiction Commentary in Overview at [2-1000]ff updated to reflect commencement of remaining provisions of the Children and Young Persons (Care and...
View ArticleVale Ernest Schmatt AM PSM, former Chief Executive of the Judicial Commission
The Commission is saddened to hear of the death of former Chief Executive Ernest Schmatt AM PSM. Mr Schmatt passed away peacefully on 23 February 2023. After being admitted to legal practice in 1979,...
View ArticleLocal Court Bench Book Update 151 published
Update 151 amends the Bench Book to update and revise various chapters and incorporate recent case law and legislative developments. The following chapters have been revised: Specific penalties and...
View ArticleCivil Trials Bench Book Update 55 published
Update 55, March 2024 [2-0200] Adjournment A cross-reference to [2-2690] Other grounds on which proceedings may be stayed has been made at [2-0280] Concurrent civil and criminal proceedings. [2-2600]...
View ArticleSentencing Bench Book Update 57
Update 57, March 2024 Update 57 amends the Bench Book to update and revise various chapters, and incorporate recent case law and legislative developments. The following chapters have been revised:...
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