THE NORTHERN TERRITORY LAW REPORTS
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1 JULY 2012 The Authorised Reports of the Supreme Court of the Northern Territory of Australia THE NORTHERN TERRITORY LAW REPORTS 2012 EDITOR CAMERON FORD VOL 31 PART 2 PAGES PUBLISHED FOR THE NORTHERN TERRITORY COUNCIL OF LAW REPORTING INC BY LAWBOOK CO. FUNDED BY THE LAW SOCIETY PUBLIC PURPOSE TRUST
2 The mode of citation of this part will be: 31 NTLR TABLE OF CASES REPORTED Part 2 Pages ABC Marketing and Sales Pty Ltd; Millar v Ahmad; R v Burnham v Westphal... 1 Development Consent Authority; Phelps v Dickfoss v Director of Public Prosecutions Fernon v Lawton Lawton; Fernon v Millar v ABC Marketing and Sales Pty Ltd Nona v The Queen Phelps v Development Consent Authority Public Prosecutions, Director of; Dickfoss v R v Ahmad R; Nona v Westphal; Burnham v... 1 (Cases in bold reported in this part) Published in Sydney Lawbook Co Thomson Reuters (Professional) Australia Limited ABN Northern Territory Council of Law Reporting Inc ISSN Published in Sydney
3 INDEX Part 2 Pages ADMINISTRATIVE LAW Decisions Executive and statutory Ministerial considerations Political motivations Appropriateness of. APPEAL Criminal law Sentencing Ellis discount Not stated Not appellable error Court s approach Whether manifestly excessive in all the circumstances. Law, question of Deed Hopkins Agreement Meaning of Question of law Facts Findings of When question of law Against uncontradicted evidence Causation Question of fact Workers Rehabilitation and Compensation Act 1986 (NT), s 116(1). Law, questions of Error in Vitiating error Judgment of court immediately below Repeating error of law at first instance. COURTS AND JUDGES Lands Planning and Mining Tribunal Powers of Development consents Conditions Covenants Terms of Settling Planning Act 1999 (NT), s 130(4)(c). CRIMINAL LAW Migration People smuggling Offence, elements Entry to Australia Not an element Extraterritorial effect Migration Act 1958 (Cth), ss 4A, 42(1), 228A, 232A Criminal Code 1995 (Cth), ss 14.1, 14.1(1)(a), 14.1(1)(b), Chapter 2. Sentencing Guilty plea Genuine remorse Discount 25 per cent appropriate. Sentencing Voluntary admissions Unsolved crimes, to Unknown crimes, to Ellis principle Content of Public policy Encourage admissions Remorse Rehabilitation Deterrence Application of Discount for Quantification of May be quantified.
4 INDEX CRIMINAL LAW continued Sentencing Voluntary admissions Unsolved crimes, to Unknown crimes, to Ellis principle Sentencing considerations Guilty plea Overlap with. EVIDENCE Privilege Conferences Documents, produced in Admissibility of Whether things said Not admissible Supreme Court Rules 1987 (NT), rr 48.12, 48.12(8), 48.12(12)(b). Workers compensation Proof Burden of proof He who asserts must prove Legal onus Evidential onus Essential fact in cause of action Defence or avoidance Pleading, guidance from Incapacity Financial loss Most profitable employment Double compensation Causation Workers Rehabilitation and Compensation Act 1986 (NT), ss 64, 65, 65(2), 65(2)(a), 65(2)(b), 65(2)(b)(ii) Work Health Court Rules 1999 (NT), r 8, 8.01, 8.03(c). FAMILY LAW AND CHILD WELFARE De facto relationships Costs Factors Substantial success Forensic positions Negotiating positions Reasonableness of Offers Pleadings, claim at Trial, claims at Discrete issues, success on Supreme Court Rules 1987 (NT), r 63.03(1). De facto relationships Interest Adjusting orders, on No interest Supreme Court Act 1979 (NT), ss 84, 85. IMMIGRATION People smuggling Offence, elements Entry to Australia Not an element Extraterritorial effect Migration Act 1958 (Cth), ss 4A, 42(1), 228A, 232A Criminal Code 1995 (Cth), ss 14.1, 14.1(1)(a), 14.1(1)(b), Chapter 2. INTERPRETATION Bringing or coming to Australia Coming to Australia Proposed entry into Australia Visa.
5 LEGISLATION INDEX Migration Act 1958 (Cth), ss 4A, 42(1), 228A, 232A Criminal Code 1995 (Cth), ss 14.1, 14.1(1)(a), 14.1(1)(b), Chapter 2. Planning Act 1999 (NT), ss 75, 75(3), 130(4)(c) Law of Property Act 2000 (NT), ss 169, 170 Territory Parks and Wildlife Conservation Act 1976 (NT), ss 74, 74A. Supreme Court Act 1979 (NT), ss 84, 85 Supreme Court Rules 1987 (NT), rr 48.12, 48.12(8), 48.12(12)(b), 63.03(1). Workers Rehabilitation and Compensation Act 1986 (NT), ss 54, 54(1), 54(2), 64, 65, 65(2), 65(2)(a), 65(2)(b), 65(2)(b)(ii), 116(1) Work Health Court Rules 1999 (NT), r 8, 8.01, 8.03(c). PLANNING AND DEVELOPMENT Development consent Special circumstances Covenants Enforcement of Terms of Settlement of Lands Planning and Mining Tribunal Powers of Planning Act 1999 (NT), ss 75, 75(3), 130(4)(c) Law of Property Act 2000 (NT), ss 169, 170 Territory Parks and Wildlife Conservation Act 1976 (NT), ss 74, 74A. PRACTICE AND PROCEDURE Costs De facto relationships Factors Substantial success Forensic positions Negotiating positions Reasonableness of Offers Pleadings, claim at Trial, claims at Discrete issues, success on Supreme Court Rules 1987 (NT), r 63.03(1). Interest De facto relationships Adjusting orders, on No interest Supreme Court Act 1979 (NT), ss 84, 85. Privilege Conferences Documents, produced in Admissibility of Whether things said Not admissible Supreme Court Rules 1987 (NT), rr 48.12, 48.12(8), 48.12(12)(b). Workers compensation Pleading Who pleads Double compensation Mitigation of loss Causation Most profitable employment Better paid work New fact Defence under Act Workers Rehabilitation and Compensation Act 1986 (NT), ss 64, 65, 65(2), 65(2)(a), 65(2)(b), 65(2)(b)(ii) Work Health Court Rules 1999 (NT), r 8, 8.01, 8.03(c).
6 WORKERS COMPENSATION INDEX Appeal Law, question of Deed Hopkins Agreement Meaning of Question of law Facts Findings of When question of law Against uncontradicted evidence Causation Question of fact Workers Rehabilitation and Compensation Act 1986 (NT), s 116(1). Evidence Proof Burden of proof Incapacity Financial loss Most profitable employment Double compensation Causation Workers Rehabilitation and Compensation Act 1986 (NT), ss 64, 65, 65(2), 65(2)(a), 65(2)(b), 65(2)(b)(ii) Work Health Court Rules 1999 (NT), r 8, 8.01, 8.03(c). Injuries Successive injuries Exacerbation of earlier injury Not same injury Compensation for Different employers Different insurers Liability for Contribution for Subrogation of Hopkins Agreement Double compensation Rule against Exceptions to Payment, character and nature of Undissected capital sum Cannot prorate between injuries First 26 weeks How calculated Workers Rehabilitation and Compensation Act 1986 (NT), s 54, 54(1), 54(2).
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