2 Mar 2021
The High Court was bound by the Court of Appeal's decision in Solicitor-General's Reference that Block J conveys the "sense and effect" of the warning required by s77(3A)(a) of the Land Transport Act 1998; Judge Field's contrary finding was an error of law, leave to appeal is granted, the District Court decision is overturned and a new trial is directed under the Criminal Procedure Act 2011.
19 Feb 2020
Judge Burns' decision ordering a s133 psychological report was set aside because he was bound by Courtney J's earlier High Court findings that, in the particular circumstances of these children, the statutory threshold in s133(6) was not met until the treating paediatrician Dr S's opinion was obtained and the children's views (via lawyer for the child) had been ascertained; matter remitted to Family Court with directions that those inputs be provided before any s133 order; implementation stayed pending resolution of the third cause of action regarding recall of Judge de Jong's minute.