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The court dismissed a dangerous offender application, declared W.H. a long-term offender, and imposed an 18-year determinate sentence for child sexual offences.
Costs ruling in a personal injury action: special costs were denied, double costs were granted after the plaintiff’s formal offer, and increased costs were refused.
The Federal Court of Appeal allowed the appeal and dismissed Ewert's action because the plaintiff failed to prove on a balance of probabilities that the challenged actuarial assessment tools generate false or materially unreliable results for Aboriginal offenders; the Federal Court erred by adopting a lower 'reasonable challenge' evidentiary standard and by failing to require proof that the tools are more likely than not biased or inaccurate, and therefore there was no breach of s.24(1) and no proven violation of s.7.
Source excerpt
Pre-certification class action over transdermal fentanyl patches dismissed against Teva and Sandoz on summary trial; no proven design defect, inadequate causation, or failure to warn.
The Court of Appeal upheld certification of a class action over hormone therapy drugs, finding enough evidence for common issues on causation and BPCPA claims.
Assessment of costs after settlement of a personal injury action. The registrar allowed some tariff units and disbursements, but reduced or disallowed several expert and travel claims.
The court found the offender met the dangerous offender criteria, but imposed a long-term offender sentence, supervision, and ancillary public-protection orders.
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