Friday, 19 February 2021

What is defective building work & can you sue for consequential damage?

 



Suffered From Effects Of Defective Building Work in QLD?

You can sue for consequential damage.

This article aims to provide general guidelines for consumers in relation to their defective building work and to shed light on the circumstances scenario where a cause of action may be available to claim consequential damage from the contractor who attended to the work. The guidelines are not meant to be a substitute for legal advice and may not apply to individual circumstances. Please, call our office and discuss your individual case.

defective building work and consequential damagesThe Queensland Building and Construction Commission (QBCC) has been empowered by s 72 of the Queensland Building and Construction Commission Act 1991 (the Act)  to direct a contractor, whether licensed or unlicensed, to rectify building work that is either defective or incomplete or to remedy consequential damage caused by or as a consequence of carrying out building work. The direction is commonly referred to as a direction to rectify (DTR).

What is consequential damage?

Consequential damage at law refers to indirect damages or losses not flowing immediately from an act, but rather from the consequences of the act. For instance, loss of business as a result of a fire. In Queensland and in the context of s 71H of the Act, consequential damage is a damage

  • Caused by, or as a consequence of, carrying out building work at a building site (the relevant site), regardless of any intention, negligence, or recklessness of the person carrying out the work; and
  • To a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.

What is building work?

The legislative definition of building work includes —

  • Any work personally carried out whether directly or indirectly;
  • Providing administration, advisor, management or supervisory services for building work, including:
    • Entering into a contract or submitting a tender for building work;
    • Offering (quoting and tendering) to carry out building work;
    • Taking payment or arranging payment of subcontractors;
    • Arranging labor or arranging and conducting on-site meetings and inspections;
    • Preparing plans and specification;
    • Coordinating the scheduling of work for building contractors even as an agent for another person;
    • Obtaining engineering or soil reports, or arranging for certificates from local government to be issued, etc;
    • Supervising building work;
    • Providing advice or a report for a building;
    • Contracting for work as a subcontractor to a builder.

 

What is defective work?

The QBCC Act describes defective building work to include work that is faulty or unsatisfactory. The words faulty and unsatisfactory are to be given their ordinary and natural meaning. In considering whether the work is defective or not, the following may be called in assistance. Any building work which has the characteristics of the following may be considered defective work

  • The work does not comply with the Building Act 1975, Building Code of Australia or an applicable Australian Standard; and
  • The work involves the use of a manufactured product, and that product has been used, constructed, or installed in a way that does not comply with the product manufacturer’s instructions.

In Gemini Homes (QLD) Pty Ltd v QBCC [2014] QCAT 481. The Tribunal opined that

“… The QBCC is not required to identify a non-compliance with the Building Act 1975, National Construction Code or manufacturer’s instruction, in establishing that the building work is defective. Where defects are evident, yet the cause is unclear, the building work may be determined to be defective and may be the subject of a DTR.”

Where to lodge a complaint about defective and incomplete work?

For information in relation to lodging a complaint with the QBCC for defective or incomplete work, please visit the QBCC website via the following link:

http://www.qbcc.qld.gov.au/building-complaints/complaints-about-defective-building-work

What obligations do I have prior to lodging a complaint?

You need to lodge your complaint as soon as possible. The following timeframe must be adhered to:

  • A claim under the Queensland Home Warranty Scheme for structural defects must be made within 3 months of noticing the defect;
  • A claim under the Queensland Home Warranty Scheme for non-structural defects must be made within 7 months of the completion of the work (and the non-structural defect must have come to light within 6 months of substantial completion); and
  • A request for DTR should be made within 12 months of becoming aware of the defects/incomplete work or consequential damage.

What are structural defects examples?

  • Leaking roof;
  • Leaking shower to internal walls; and
  • Major cracking of walls.

What are non-structural defects examples?

  • Chipped internal paintwork;
  • Sticking drawers; and
  • Minor cracking of plasterboard.

 

Legal Help.

Aylward Game Solicitors have assisted a number of clients in relation to building defect cases that include mediation to resolution and litigation as possible pathways. We look forward to discussing your options and protecting your rights. Our experienced team can be reached on 1800 217 217.

Article Source: Defective Building Work


Thursday, 18 February 2021

Need A Divorce? What Happens Next



For those coming to a realisation that the marriage is ending, you’re probably racking your brains on the best way to wrap everything up legally so that you can proceed to ‘recovery’ both emotionally and financially from your potential former spouse. But what actually happens from here? How you approach separation will depend on your individual situation. Fortunately, most states and divorce lawyers offer a few options to try and find the easiest method of a divorce settlement that, once approved through the court, legally terminates your marriage.

Mediated Divorce Contracts

A mediated divorce is a viable option for couples that can speak with each other amicably and agree on most of the main issues as well as in marriages that do not involve complicated child custody or complex financial issues. In a mediated divorce, the two spouses work with a mediator (often an experienced family lawyer) who assists the parties to negotiate the settlement and reach a detachment agreement. The mediator does not decide upon the result but works together with the parties to reach a resolution.

If you think you and your spouse can effectively interact to work out detachment terms, you could reap the benefits of this approach. Mediation costs much less than engaging in court battles plus the decision and approval through the courts is significantly quicker than with traditional separation cases in court.

Collaborative Divorce Contracts

In a collaborative detachment, each spouse hires a qualified collaborative family lawyer who agrees to participate in a collaborative divorce process, rather than an adversarial one (as per contested separation situations). Both family lawyers have to be eager to do something to resolve the matter. In a collaborative divorce process, lawyers and their clients both work to appease the individual needs of the other party while trying to be fair and just to the result. It seeks the most favorable outcome for all parties (particularly the children).

Contested Divorce Settlements

Contested divorce settlements are the kind of divorce that’s regularly in news reports with celebrities ‘out for blood’. Unfortunately, these types of detachment occur in the real world too and generally take place when the two spouses aren’t able to concur on important issues. In the contested divorce, each spouse hires an individual attorney to represent their interests in an adversarial contest.

A contested divorces may be necessary for situations where:

  • A child custody arrangement cannot be formulated

  • There is a quarrel about how a property or financial assets need to be split

  • The marriage was abusive

When you are associated with a contested separation, you will need a lawyer who is experienced with divorce litigation, that you trust, and who are able to best represent your interests.

Where to from here?

We’ve helped thousands of separating couples and have a focus on Collaborative practice. Ian Field is a highly experienced mediator and has conducted many hundreds of family law cases, including in a capacity as an Independent Children’s Lawyer (ICL). To speak with someone that can help, call us on 1800 217 217. Aylward Game, Ahead of the Game.

Article Source: Need A Divorce


 

Wednesday, 17 February 2021

Divorce Asset Split In Australia: Who Gets What In A Property Settlement?


It is essential for you to decide about property settlement if you are thinking to end your relationship. It is good to know how assets split in Australia works. Our article will inform you about the process and rules for property settlement in Australia. Also, you will find tips for getting better results. We also have some examples that can explain to you the working process of the divorce settlement. 

You cannot predict the exact outcome of your process, but you can take some steps to get the necessary help. 

  • Get in contact with the best real estate agents in your town. 
  • Get help from experts in a divorce settlement. 

What is a property settlement?

If you are getting a divorce, then property settlement will decide how to divide your assets and liabilities. It contains both shared and individual properties. 

You can solve this issue without the involvement of Lawyers or the Family Court of Australia, by making an agreement with your partner. It is important to make the agreement formalize with the court to make it legally binding. 

The aim of a divorce settlement is to divide assets between couples in a way that they don’t need each other for financial support. This process counts all the properties or financial responsibilities that were involved during the marriage.  

Property settlement after a divorce time limit

It is good to resolve this issue as soon as possible if you are having a divorce or getting separated. This involves all the property purchased during marriage or after separation. After divorce, you have a year to apply for property settlement, and after the breakdown of a de facto relationship, you will have 2 years. If unfortunately, you cannot apply during the time, you can apply to the Family Court of Australia for special permission. 

The property settlement agreement:

It is a legal agreement between divorced or separated individuals. It contains the arrangements for property settlement after divorce or separation. 

There are two approaches for reaching a property settlement agreement:

  • Both individuals can decide the matter of property division, and then they will formalize their agreement through the court. 
  • You can Family Court of Australia to decide on dividing the assets. 

If you can decide without the help of the court, you will save some bucks and time. But it may not be possible in your situation. You may need a lawyer to get some legal advice and a voice for you in court. 

The divorce law Australia for property settlement is the same all around Australia, it doesn’t matter in which state you live. Also, it is not mandatory to complete the divorce before dividing the assets. You should go to the settlement as soon as possible. 

How much time does the settlement take?

It depends on how you proceed. It will be much faster if you can decide with your former partner. But if it is not possible, then you should go to court. You may have to wait for months or even years to get the result from the court.


Guidelines for dividing assets:

Here is a procedure that you can use in both conditions. 

  • List of all assets and liabilities: Provide a list that contains all of your assets with their values. Both parties submit their own files. We know it as a “pool of assets”. The list includes all individual and shared properties. 
  • Future financial needsMake an estimate of the future financial needs of each person, to get a fair guess we include the person’s earning capacity, child support, health, age, and financial resources. 
  • Proposed agreement: Create a proposed agreement that shows who gets what.
  • AssessCheck if the agreement is fair or not. If you are happy with the agreement, then go to court to formalize it, else apply to the court to have a just decision. 

If the court is going to decide, then it will also follow a similar pattern. The court will see all of your assets and will also consider the future needs of a person. The court will try its best to give a fair and just decision. 

Property settlement after divorce
Property Settlement After Divorce

Can I sell the property after divorce?

It is not wise to sell any property before dividing assets. Because everything you own will be a part of the pool of assets. You will need to add it for sorting an agreement for the property. But you can sell it if the other partner agrees. 

Tips for dividing assets:

In a divorce settlement, you wish for better results. Remember the following dos and don’ts  when going through this problem:

The dos:

    • Keep a record of all assets or debts. 
    • If you want to sell property, inform your informal partner. 
    • You should get legal advice for both selling and settlement of assets. 
    • Try to use alternatives of the court as it saves time and money. You have two options other than the court

 

  • Mediation: In mediation a neutral professional guides the process of settlement. If you can make an agreement through mediation, then the court formalizes it. 
  • ArbitrationIt is just like a court, but it is not formal. If both parties decide an agreement there, they register an arbitral award in the court and become binding for both individuals.

 

The don’ts:

  • Do not wait until the divorce is final for property settlement. 
  • Do not hide any assets or property.

Property settlement examples:

Johnny and perry had a divorce in Australia, their asset pool was:

  • A marital home worth 1,200,000 dollars and its mortgage was $700,000, so the total becomes $2,000,000.
  • They also had a car worth 25,000 dollars.
  • Perry’s superannuation worth $15,000.
  • Johnny’s superannuation worth $25,000.

They can make an agreement or the court can decide that Perry gets 60% and Johnny gets 40%. According to their future requirements and financial resources. This is a 60/40 split divorce. 

Perry can keep the car, and they both keep superannuation. Johnny will keep the house and will pay Perry so she can buy a place. 

Frequently asked questions:

Let’s have a look at the most commonly asked questions for property settlement. 

How to work out divorce settlements?

The first step to take for divorce settlements is to get legal help. It is better to make an agreement by discussing with your former partner as it will save you time and a few bucks. 

Does a wife have more benefits?

The wife can get half of the assets. In the case of child support, she can even get an amount from the income of her husband. 

Source: Divorce Property Settlement

Thursday, 11 February 2021

Why Divorce Rate in Australia is So High?


 

Before discussing the details of the divorce in Brisbane or anywhere in Australia. Let us discuss the term marriage. Marriage is known as a legal contract between two people. They are united due to this contract. They are together in all formats of life. Marriage also gives a happy sexual life. And about divorce, the ending of this contract is known as divorce. Divorce officially announces that these persons are no longer together. When one of the persons is not feeling comfortable with the other one, he can demand a divorce. Luckily the percentage of divorce rate in Australia has reduced.

No-fault divorce: 1975:

The divorce rate in Australia was very high before 75. It had to be reduced. In 1975 a law was passed it was named “no-fault divorce”. This law was introduced for the first time in Australia. In the first year of implementation, the divorce rate increased. Amendments were required in this family law. In 1976 there were some changes in the law to make it better.

It says that couples should be separated for at least 12 months before applying for a divorce.    

Now let’s discuss the details of the divorce rate in Australia.

What is the divorce rate in Australia?

In the 1960s and the 1970s, the divorce rate was very high. It was about 4.6 persons per 1000 residents. But it declined when the Family Law Act 1975 was passed. This law supported no-fault divorce. And reduced to just 1.9 till 2016. But it raised again in 2017 up to 2.0. Hence the divorce percentage in Australia has reduced.

Another reason for the decline of the divorce rate in Australia is late marriage or marriage between same-sex. Same-sex marriage is now legal in AustraliaIn the first 6 months of 2018, 99 percent of marriages were between same-sex.

Duration of marriage:

In Australia, 43 percent of divorced people were married for about 9 years.  And most of their age was between 25 to 30 years.

The average time between their separation is about 8.3 years. And they get divorced within 12 years. It indicates that half of the couples are married for less than 12 years and a half for a longer time. And there are some marriages which last till death.

There is a great chance of divorcing in the marriages of 20 years. In 1990 its percentage was 20 it increased to 28% in 2010. And it again gained peek in 2017 and raised to 27%. 

Have same-sex marriages affected the divorce rate in Australia?

After the changes in Marriage Act 1961 same-sex marriage is now legal. There were 3,149 same-sex weddings were registered in Australia till 30th June 2018. And they can also get divorced but not many divorces are reported from these couples.

What are the reasons behind divorces?

The marriage plays the part of the perfect bond between two persons. It is a very wise decision to make. The couples are usually very happy at the start of their marriage. So, what disturbs their relationship? Why do they have a divorce?

An Australian study reported that there is 71 percent of divorces blame “affective issues”. These affective issues are:

  • Problems of communication 27%
  • Lost connection 21%
  • Trust issues 20%

The other causes of divorce in Australia can be:

  • Abuse either physically or emotionally 7.4%
  • Abuse via drugs or alcohol 7.4%
  • Financial issues 4.7%
  • Work pressure 2.7%
  • Interference of family 0.6%
  • Health issues 4.7%
Divorce Rate Australia
Divorce Rate in Australia

Tips for long term marriage:

We concluded the following points from the life of couples with long time marriages.

  • Respect is a great factor it should come from both sides.
  • Have complete trust in each other
  • Maintain happy physical/sexual relation
  • Have good communication skill to talk about any problem easily
  • Maintain equity
  • Support the decision made by partner
  • Be cooperative
  • Manage time for each other

When applied for the divorce, do I have to attend the court hearing?

It depends on some conditions. You may or may not have to attend the court hearing. Let’s have a look at them:

  •   If you don’t have any children under 18 years. Then you will not have to attend the court hearing it applies on both sides.
  •   If a joint application is applied then you will not have to attend the court hearing, even if you have children under 18 years.
  •   If a sole application is applied then you may have to attend the court hearing on having a child under 18 years.

 What is the procedure to get a divorce?

Getting a divorce is not the same anymore. That is the reason that the divorce rate in Australia has reduced. If you are thinking to get a divorce in Brisbane then Aylward Game can help you easily. Read the points below to get an idea about getting a divorce.

  • Live separate lives: Before applying for a job you must separate for at least 12 months. You can get back in touch without re-starting the 12 months for about 3 months. For instance, if you have lived separated for 4 months and again got together for 3 months you will only have to live 8 months separately to complete the 12 months.
  • You can live separately under one roof: You can share the same roof even when you are separated. The court will check if you are having sex, sharing meals, or sharing bank accounts. Your relatives should believe that you are separated.
  • Remarrying: Don’t think to remarry until the divorce is finalized. Don’t make quick plans. You can get married once the divorce is granted.
  • Property and children’s arrangement: The divorce will not resolve the property or children’s issue. You will have to file a separate case for this issue.
  • Married for less time: If you are married for a small time and still demanding a divorce. Then you should visit the family counselling. Get a certificate from them and submit it to the court.

How can Aylward Game help?

Though Australia’s divorce rate has declined some issues can demand a divorce. We can help you in many ways to solve the issue.

You should take our counselling sessions before making such an important decision. The court may also ask you to take counselling sessions. These sessions play a vital role in making a decision.

We follow the collaborative practice which is an alternative to litigation. 

Mediation is a good practice. In mediation, you and your partner discuss everything openly in the presence of a mediator. The mediator is neutral and points out the issue by hearing your discussion.

Article Source Divorce rate Australia

Read More here: Divorce Rates in Australia

Monday, 8 February 2021

Australian Housing Market Could See a Historic Crash

Gold Coast Property Market


In 2015 award-winning film The Big Short, Steve Carell and Christian Bale star in a tale about the greed and systemic risk surrounding the US subprime housing bubble and how it led to one of the most painful housing crashes in history. Australian housing market is returning to something resembling normalcy in two big ways.


Using celebrities such as Margot Robbie and Selena Gomez to explain some of the more abstract concepts of finance and real-world examples such as an “exotic dancer” having five investment properties, the film painted a picture of American greed and regulatory failure. The American subprime lending bubble and the eventual housing crash has become a cautionary tale the world over. In the years since, Australians have often liked to comment on how we are different, whether it’s around a backyard BBQ or a high powered CEO addressing the media. But are we? It’s no secret that Australia has one of the highest levels of household debt in the world. In fact, as of the most recent comparable data, we have almost 50 per cent more debt than the Americans did during the absolute height of their pre-global financial crisis debt binge. But this is nothing new. Australians have carried more household debt than Americans for the past 20 years. However, with the advent of the coronavirus pandemic and more than five million people being supported by the government’s JobKeeper or JobSeeker programs, there are signs that the Aussie property market may be following the same trajectory as the Americans did during the GFC. PEXA, an E-conveyancing firm made up by the various privatised land registry offices, recently authored a report into the direction of housing prices in our two most populace states, New South Wales and Victoria. According to PEXA, from the start of the year until the end of September, housing prices in NSW are down 9 per cent and in Victoria, prices were down a whopping 14 per cent. Commercial property in NSW also fared extremely poorly, with prices down 14 per cent in the first nine months of the year. Price drops of up to 14 per cent paint a pretty concerning picture for the nation’s property market, but how does it compare with The Big Short’s housing crash? According to the preferred benchmark, the Case-Shiller National House Price index, in the first nine months of the American ‘Great Recession’, housing prices fell by 6.6 per cent. Put into contrast with the numbers provided by PEXA for property price falls in NSW and Victoria, the falls they are experiencing are disastrous. In NSW, prices are falling 37 per cent faster than America’s were when they were crashing in 2008. For Victoria, the numbers are even more concerning, with prices falling at more than double the rate of the US housing crash. For a nation like Australia that eats, sleeps and breathes property and property investment, these figures are practically blasphemous. Even with more than 3.5 million workers being supported by JobKeeper, hundreds of thousands of mortgages and business loans in deferral and unprecedented support from the Morrison government, PEXA’s data shows prices falling at an alarming rate.

But amid the storm clouds, a break in the weather may be looming on the horizon, if only for a little while. In September, housing prices in NSW showed a near 1 per cent gain for the month. However, PEXA’s report also warned that “scaling back labour market support would likely put further downward pressure on house price growth and housing activity in the medium term.” Before today, it’s likely you may not have heard of PEXA. But with the company processing 20,000 property transactions every week, it provides an extremely rich and comprehensive data source for Australian housing price data. However, where PEXA differs from other housing price data providers, is that it provides the median price for all transactions within a given period. It, therefore, provides a very broad overview of a state’s property market rather than the more targeted approach that takes into account significantly more variables, often down to the single property level. Whether PEXA or one of their other competitors provides the most accurate snapshot of a state’s property market is a question for the statisticians and market analysts. But it nonetheless has provided a great deal of food for thought for any and all interested in outcomes for the property market. If PEXA’s data is correct and NSW and Victoria’s property markets are falling significantly faster than American property during the Global Financial Crisis, then the Aussie property market may be at risk of a historic housing crash. With the conclusion of JobKeeper for its 3.5 million recipients still to come, along with the end of loan deferrals for hundreds of thousands of borrowers, it’s possible that without further intervention from the Morrison government, prices may continue to fall. Prime Minister Scott Morrison It’s important to keep in mind that the economic aspect of the coronavirus crisis was largely stopped in its tracks in much of the world, through the power of around tens of trillions of dollars in global stimulus. Now as that stimulus runs out and much of the Northern hemisphere heads back into some degree of lockdown due to the explosion in COVID cases, it’s possible we could see a perfect storm of international factors impacting our banks and property market in the months and years ahead. Whether high Aussie property prices will survive yet another global crisis relatively unscathed through the power of government and RBA intervention remains to be seen. But if PEXA’s warnings of housing prices declining further in the medium term prove to be accurate, it may only be the beginning of the pain for property owners.

In this current economic climate forecasting, the property market is challenging to say the least. With the likelihood of further government intervention to prevent price falls, it becomes even more problematic. Ultimately, if a convergence of global and domestic factors all come together to form a perfect storm for the property market, these existing price falls may only be the beginning of The Big Short of the Aussie housing market.

You may also find this article helpful Property Law

Article Source: Gold Coast Property Market

Sunday, 7 February 2021

Baden Clay At The High Court | Criminal Law Brisbane

Baden Clay Case


It was widely-publicized that on 15 July 2014 Gerard Baden Clay was convicted by a Supreme Court jury of the murder of his wife, Allison Baden Clay.

On 8 December 2015, the Queensland Court of Appeal set aside the conviction of murder of Mr. Baden-Clay and substituted a conviction of manslaughter. (Murder is the unlawful killing of a human being with the intent to kill or do grievous bodily harm, whereas manslaughter is every unlawful killing that is not murder. Manslaughter lacks the intent to kill).

The verdict was set aside as unreasonable as there was no specific evidence of intent, which at law leads to a finding of manslaughter. Paragraphs 38 and 39 of R v Baden-Clay [2015] QCA 265 encapsulates the Court of Appeal’s finding:

Unreasonable verdict

[38] The appellant accepted that it was open to the jury to be satisfied beyond reasonable doubt that he had unlawfully killed his wife, but contended that they could not properly be satisfied of the necessary intent for murder. There were no injuries on the body of a kind to indicate an intent to kill or do grievous bodily harm. Nor was there any sign of blood or evidence of a cleanup in the house to suggest violence. There was no evidence at all that there had ever been any violence in the relationship between the couple. Nothing had changed in the appellant’s marriage to make him take the step of intentionally killing his wife. His business was under some financial pressure, but that pressure was no different in April from earlier in the year, and his creditors were not pressing for payment. There was no evidence of the circumstances in which the fingernail scratches were inflicted on the appellant; they were conceivably caused by his wife in an angry attack on him. If the appellant had lied about their cause, he might have done so in panic, knowing that he had caused the death, without necessarily having done so intentionally.

[39] A reasonably open hypothesis was that the appellant’s wife had attacked him, scratching his face. In endeavoring to make her stop he had killed her without intending to do so, with his conduct thereafter being attributable to panic. An argument by the respondent that the disposal of the body was capable of giving rise to an inference that it was done to conceal evidence of an intentional killing amounted to nothing more than speculation; there was no evidence that the deceased woman had sustained any injuries which could have indicated how she had died.

The Queensland DPP applied for and was granted special leave by the High Court of Australia on 12 May 2016.

The question for the High Court is whether to reinstate the murder conviction. There are seven (7) Justices on the High Court of Australia who are scheduled to hear this matter and determines this question in Brisbane on 26 July 2015.

The granting of special leave by its very name, and in practice, is rare indeed.

Think about it. Logistically, if every dissatisfied litigant, from every State and Territory of Australia, had a right of appeal to the High Court, the system would never stop. The finality of litigation is a prized virtue of our legal system. (Also Court hearing hours and judgment writing hours are a scarce resource in any Court, but particularly the High Court of Australia).

Special leave allows the Justices of the High Court to determine the cases they will hear. The grant of special leave turns on some of the following considerations:

  • Is there a question of law that is of public importance?
  • Are there a number of competing legal principles, leading to uncertainty, in relation to one area of law that needs to be determined?
  • Considerations with respect to the interests of the administration of justice.

Their Honours were obviously favorably disposed to these considerations and granted the DPP special leave to appeal. Mr. Baden-Clay was opposed to the granting of special leave.

At stake for Mr, Baden Clay is the length of his prison sentence.

The punishment for murder is life imprisonment with, as in Mr. Baden Clay’s case, a minimum of fifteen (15) year non-parole before being considered for parole.

On the other hand, the punishment for manslaughter is up to life imprisonment. Therefore, there is no minimum period to serve (other than as set by the Court).

In so far as Mr. Baden Clay is concerned, manslaughter is the preferable outcome and the non-parole periods tend to be less than fifteen (15) years. As a general guide only some recent manslaughter sentences have been:

  • R v McCusker [2015] QCA 179 – Six (6) years;
  • R v Skondin [2015] QCA 138 – Nine (9) years;
  • R v JV [2015] QCA 138 – Eight (8) years.

Therefore, will the High Court find the necessary intention to kill and re-instate the murder conviction? (There is a lack of medical evidence to support a finding of Grievous Bodily Harm and this limb of the test for murder is unlikely to loom large in the High Court deliberations).

Whatever the outcome, by the time this matter is finalized it would have been considered by the original trial judge, three (3) Queensland Court of Appeal Judges and the seven (7) High Court Justices. That is eleven (11) very senior judges.

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Article Source: Baden Clay