Banking and Finance

Alert definition: Topics: Banking and Finance, Building and Construction, Commercial, Constitutional Law, Employment, Labour and Industrial, Evidence, Family, Insolvency, Superannuation, Taxation and Revenue : Courts: All courts Topics matched Evidence | Family Federal / Commonwealth High Court of Australia [2008] HCA 56 - Kennon v Spry; Spry v Kennon (3 December 2008) Victoria Supreme Court [2007] VSC 580 - R v Benbrika & Ors (Ruling No 11) (21 December 2007) Evidence Victoria Supreme Court R v Benbrika & Ors (Ruling No 11) [2007] VSC 580 (21 December 2007) (BONGIORNO J) Catchwords CRIMINAL LAW – Criminal procedure – trial – use by jury of written summaries of relevant intercepted conversations – principles to be applied – fairness to accused – characterisation of summaries as tertiary or third generation data – s 19 Crimes (Criminal Trials) Act 1999 (Vic). Orders The A3 chart in its present form must not go before the jury, the jury is not permitted to use the summaries on the A3 chart. It would be permissable to recast it as an index (without summary material). The Court also suggested that, to aid comprehension it might be better if each telephone intercept or listening device was designated as an item rather than as a line as it presently is. Any further consideration of the matter can be deferred until after 14 January 2008. Family Federal / Commonwealth High Court of Australia Kennon v Spry; Spry v Kennon [2008] HCA 56 (3 December 2008) (FRENCH CJ, GUMMOW, HAYNE, HEYDON AND KIEFEL JJ) Catchwords Family law - Courts having jurisdiction in matrimonial causes - Powers - Jurisdiction under s 79(1) of Family Law Act 1975 (Cth) to make orders - "Proceedings with respect to the property of the parties to the marriage or either of them" - Definition of "property" of parties to marriage - Whether right of wife with respect to due administration of trust and discretionary power of husband to appoint whole of trust assets to wife constituted part of the property of the parties to the marriage. Family law - Courts having jurisdiction in matrimonial causes - Powers - s 85A of Family Law Act 197... Orders Matter No M25/2008: 1. Appeal dismissed. 2. Appellants to pay the costs of the appeal of the first respondent. 3. Application by first respondent for special leave to cross-appeal dismissed with no order as to costs. Matter No M26/2008: 1. Appeal dismissed. 2. Appellant to pay the costs of the appeal of the third respondent. 3. Application by third respondent for special leave to cross-ap...