Two Speeding cases decided in Supreme Court yesterday

Court proceedings and Legal Process
Hardy
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Two Speeding cases decided in Supreme Court yesterday

Postby Hardy » Sat Jun 28, 2014 3:48 pm

FYI:
This case, which I mostly won, was about the inadequacy of evidence at an ex part hearing:
http://www.austlii.edu.au/au/cases/vic/ ... 4/308.html

This case, which Carl Agar half won, was about subpoenas to obtain records of maintenance of speed cameras:
http://www.austlii.edu.au/au/cases/vic/ ... 4/309.html

Chef
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Re: Two Speeding cases decided in Supreme Court yesterday

Postby Chef » Sat Jun 28, 2014 6:15 pm

Agar won a review of his costs but not the subpoena. I would have thought the access to documents was the more prudent argument to raise for comment here?

Hardy
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Re: Two Speeding cases decided in Supreme Court yesterday

Postby Hardy » Sun Jun 29, 2014 2:01 am

So, raised it is.

Another interesting issue is whether the police could ever resist a costs order in favour of a defendant in excess of $7000 to defend a speeding case when their own lawyers charged more than that just to oppose an interlocutory application in the Magistrates Court.

The two cases demonstrate two completely different ways to defend a speeding charge. Rogers case argues pure legal technicalities to avoid licence loss, while Agar's case is an attempt to argue that speed measuring devices don't work properly.

Chef
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Re: Two Speeding cases decided in Supreme Court yesterday

Postby Chef » Sun Jun 29, 2014 10:45 am

Perils of being a model litigant?

busdriver
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Location: Queensland

Re: Two Speeding cases decided in Supreme Court yesterday

Postby busdriver » Sun Jun 29, 2014 3:50 pm

Hardy wrote:
The two cases demonstrate two completely different ways to defend a speeding charge. Rogers case argues pure legal technicalities to avoid licence loss, while Agar's case is an attempt to argue that speed measuring devices don't work properly.


It also shows how important it is to engage a good lawyer if you want to win your case :).

nofines
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Re: Two Speeding cases decided in Supreme Court yesterday

Postby nofines » Mon Jun 30, 2014 6:55 pm

The Law regarding the ability to request the only document that might help your case needs changing.

It seems an essential part of the process to request the only documents proving the prosecution case.

Not fair.


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