EXTRACTS- UNREPORTED SOUTH AUSTRALIAN MAGISTRATES COURT DECISIONS

Abuse of Process
Negligence

This material has not been tested for accuracy, whether on appeal or by academic referees.
It is not here because it correctly states the law.
It is here to indicate to useful starting points and to stimulate thought.
Content has not been changed, but formatting has.
All names have been removed, to protect the privacy of the people involved in these cases.

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Police v K

Abuse of Process (& Rule 26)

Part 1: Principles
Part 2: Conclusion and Remedies

The South Australian Supreme Court subsequently ruled, in Police v Ling, that Rule 26 of the Magistrates Court rules operates within the confines of the commonlaw priviledge against self incrimination ("the right to silence"). The decision does not affect Carter v Hayes; the prosecution is still required to disclose the case the defendant will be expected to meet if the matter proceeds to trial.

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H v S

Negligence
Directions as to the law to be applied to the facts. Medical malpractice suit.

Part 1 Introduction
Part 2 Res Ipsa Loquitor & Proof
Part 3 The Limiting Rules
Part 4 Foreseeability and Proximity
Part 5 The Four Common Features
Part 6 The Emergent Duty of Care
Part 7 The Scope of the Duty, and the Standard of Care
Part 8 List of Authorities

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