In this matter Greg Walsh represented the plaintiff in an application to the Supreme Court seeking relief arising from a decision by a Magistrate that he had no power to award costs arising from the dismissal of charges at a committal hearing. The Magistrate had ruled that he was functus offico at the time that the application for costs was made. Hidden J held that this was not the case and that the Magistrate had the power to award costs.
In this matter Greg Walsh represented the appellant who sought a declaration that a Children’s Court Magistrate had denied the plaintiff natural justice by ruling that cross-examination of witnesses by the parties legal representatives be restricted to 30 minutes. Black AJ granted a declaration that the Magistrate denied the plaintiff procedural fairness by ruling that cross-examination be restricted.
In this matter Greg Walsh represented the plaintiff who sought orders that information alleging sexual assault against his daughter were an abuse of process. The matter raised important issues as to the circumstances in which a prosecution for sexual assault can be permanently stayed.