Master Sanderson

Master Sanderson was appointed to the Supreme Court of Western Australia in 1996. I have only just become aware (where have I been?) of his judicial sense of humour. For example in Christie v Christie [2016] WASC 45 (a family provision matter) he made this comment...

The Oral Judgment

Is it a motor accident (even a blameless one) if you are injured when you are thrown off your horse on a country road when a car passes by? The answer is important if you want to claim on the statutory insurance scheme. Unfortunately, the Court of Appeal found that...

Obstruction

Here’s an issue that doesn’t have to be grappled with very often: to what extent can a solicitor lawfully obstruct a police investigation? This issue arose in the context that a solicitor who acted for various members of the Rebels Motorcycle club, became...

Californian bumblebee

I rarely blog about material from overseas, but I couldn’t resist when I came across the decision of the Supreme Court of California in  Almond Alliance of California v. Fish & Game Commission, No. S275412, (Cal. Sep. 21, 2022). This decision was the refusal...

The axe

R v Tran (No 2) [2022] NSWSC 1391 is a fairly gruesome murder case where the elements of murder were conceded but there was a partial defence of substantial impairment.  Let me extract some facts for you: There is no dispute that the accused used an axe to effect the...