Drink
Driving law & legal information - all breath
test, blood test and criminal defence
representation & advice.
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Sean
Hardy has appeared in Appeal cases in
the following
Courts:
County
Court of Victoria
Supreme Court of Victoria,
Victorian Court of Appeal,
High Court of
Australia.
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A sample of
the cases Sean has appeared in are
here:
- Murdoch
v. Smith
[2006] VSC 468
(court
process)
- Hannon
v. Norman
[2006] VSC 228
(drink
driving)
- Sirajuddin
v. Ziino
[2005] VSC 418
(drink
driving)
- Ciorra
v. Cole [2004]
VSC 416
(speeding)
- Scully
v. Semple
[2004] VSC 393
(drink
driving)
- Ticknell
v. Foster
[2004] VSC 378
(firearms)
- DPP
v
Korybutiak
[2004] VSCA 2
(driving
whilst suspended)
- DPP
v.
Korybutiak
[2004] VSC 3
- Halepovic
v.
Sangston
[2003] VSC 464
(drink
driving)
[The
Age,
Follow-up]
- Miles
v. Barca
[2003] VSC 376
(Intervention
order)
- Smith
v.
Chalmers
[2003] VSC 236
(drink
driving)
- Deputy
Commissioner of Taxation v
Moss
[2003] VSC 294 (14 August
2003)
- Platz
v. Barmby
[2002] VSC 531
(drink
driving)
- Pure
Capital Investments Pty Ltd v Fasham
Johnson Pty
Ltd
[2002] VCAT
1761
- Cook
v Velkray Pty
Ltd
[2002] VSC 361
(car
accident)
- Goodey
v. Clarke
[2002] VSC 246
(drink
driving)
- Wilson
v Magistrates' Court of
Victoria
[2001] VSC 290
(civil
claim)
- Bell
v. Dawson
(Court of Appeal) [2001]
VSCA 114
(drink
driving)
- Bell
v. Dawson
[2000] VSC 169; BC
200002364; (2000) 31 MVR
111
- Independant
Cement and Lime Ltd v.
VCAT
[2000] VSC 355; BC 200005291
(VCAT)
- L.
T. King Pty Ltd v. Besser &
Anor
[2002] VSC 354
(civil
claim)
- Alwer
v. McLean
[2000] VSC 396; BC 200006373
(speeding)
- R
v K R A
[1999] VSCA 157
- Chu
v. Henham
[1999] VSC 139; BC 9902739;
(1999) 105 ACrimR 528
(assault
police)
- Charter
Homes Pty Ltd v. Housing Guarantee
Fund Ltd,
10/06/1997 VSC
5082/97
- Siger
Constructions Pty Ltd v. Charter
Homes Pty
Ltd
[1997] VDBT 61
(building)
- Blanksby
v. Barnes,
(1997) 26 MVR 471; [1998] 2
VR 164
(drink
driving)
- Bass Coast
Shire Council v. King (1996) 92
LGERA 129; [1997] 2 VR 5
(Local
Govt)
- R.
v.
Tsolacos
(1995) 81 ACrimR 434
(profits
of crime)
- Papadopolous
v. Hunter,
(1995) 85 ACrimR 572
(drink
driving)
- City
of St Kilda v.
Kenyon
(1993) 18 MVR 349
(parking
infringements)
- Brenner
v. First Artists' Management Pty
Ltd,
[1993] 2 VR 221
(civil
claim)
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- Your
lawyer's court experience
matters:
- Before you
entrust a lawyer with the job of
protecting your licence, you
should try to see if s/he has any
experience defending motor
traffic cases in court. You can
search for your lawyer's name at
www.austlii.edu.au
and see if s/he has appeared as
Counsel in any reported cases.
'Counsel' are lawyers who appear
in court as barristers, they
cross examine witnesses and argue
the case. Solicitors generally
work in the office e.g. filing
and serving the court papers, but
some solicitors also work in
court as Counsel. If you read the
cases you can find out if your
Counsel has had much success or
if he/she always runs disasters.
Some lawyers are mentioned more
often in the Herald-Sun than in
the Victorian Law Reports. If you
are motivated to be a celebrity
you can very easily call the
press and get your name (and your
client's photo!) in the
newspaper, but it is far harder
to identify and take advantage of
errors of law that arise in the
running of defended motor traffic
cases. I have never contacted the
press to suggest they report on
any aspect of my client's cases
or any aspect of my practice, and
I doubt I ever will.
-
- Only a
small minority of lawyers have
ever won a drink driving case,
although there is a large number
of lawyers who seem to
'specialise' in pleading guilty
for drink drivers. Just as any
real estate agent can sell your
home, so too can any lawyer
appear in court on a plea of
guilty. But there are always some
who are better than others. If
you want to win your case, you
need a lawyer who is an expert in
defending cases, and definitely
not one who knows nothing more
than just how to roll over.
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