Category Archives: s. 145

Ure v Commonwealth of Australia [2015] FCA 241 (17 March 2015)

http://www.austlii.edu.au/au/cases/cth/FCA/2015/241.html

PUBLIC INTERNATIONAL LAW – act of State doctrine – whether question of acquisition or claim of jurisdiction or sovereignty over land justiciable – whether allegations of State acts made in pleadings sufficient to render matter non-justiciable – Court not precluded from inquiring into whether pleaded acts were acts of State

PUBLIC INTERNATIONAL LAW – whether customary international law rule exists by which private parties can obtain proprietary interests in land – whether customary international law rule exists by which States obliged to recognise and give legal effect to private property rights – neither State practice nor opinio juris established

PRACTICE AND PROCEDURE – special case – questions reserved

R v Tran [2003] ACTSC 53 (27 June 2003)

[2003] ACTSC 53

CRIMINAL LAW – trial by judge – murder – intentionally wound – self defence – whether accused believed that his actions were necessary in order to defend himself and that he had reasonable grounds to hold that belief.

EVIDENCE – hostile witness – prior inconsistent statement – Evidence Act 1995, ss 38, 60.

EVIDENCE – availability of witness – whether all reasonable steps had been taken to secure attendance of a witness –  Evidence Act 1995 , s 65.

EVIDENCE – availability of witness – whether witness not competent to give evidence about fact –  Evidence Act 1995 , s 65

Evidence Act 1995  (Cth), ss 13, 65, 67, 135-147, 192, cl 4 Part 2 of the Dictionary