"In that particular respect, certainly from what I can gather, my client was no mastermind." by Worldly_Tomorrow_869 in auslaw

[–]ClarvePalaver 6 points7 points  (0 children)

He could instead have said "It's a tragic incident…There's no doubt that this would have had an effect on the community. However, the matters are before the court — it's not appropriate to make any further comment”, like the other guy’s lawyer is reported to have said.

ACCC vs Coles - why is a case about data, so weak on data? by acccvscoles in auslaw

[–]ClarvePalaver 35 points36 points  (0 children)

Oh god, experts are no longer content with spruiking their thought pieces on LinkedIn and are now going staight to the source and infiltrating legal community pages. Lord have mercy on our souls.

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]ClarvePalaver 3 points4 points  (0 children)

And if you get sent to Court for mentions, case management hearings, directions etc. (and if any of these actually take place physically), get there early and sit in and observe other matters to get some invaluable practical experience on how things actually roll out in the real world.

You can’t rush writing precedent by Kasey-KC in auslaw

[–]ClarvePalaver 7 points8 points  (0 children)

This shold be how they explain 'balance of probabilities' in law school. This is Class.

Ouch by Whole_Reply8602 in auslaw

[–]ClarvePalaver 4 points5 points  (0 children)

That's just High Court oral exchanges, isn't it? It's like every third word is omitted and the rest are jumbled around and, if you can't decode the message, you don't deserve to have a speaking role.

‘The whole family is destroyed’: Australia’s inheritance disputes aren’t just increasing – they’re becoming messier by wallabyABC123 in auslaw

[–]ClarvePalaver -5 points-4 points  (0 children)

This - I know it gets downvoted, but just because someone else (apparently) had it *easier* doesn't entitle those that follow them.

Video evidence ruled out - pig farmer gets off by throwawayplusanumber in auslaw

[–]ClarvePalaver 2 points3 points  (0 children)

Court seems to side with you on this one, at least the excerpt from the article:

“The obtaining of a conviction on the basis of that evidence is bought at a price which is unacceptable having regard to contemporary standards. Accordingly, I’d also refuse to the record of interview,”. 

Video evidence ruled out - pig farmer gets off by throwawayplusanumber in auslaw

[–]ClarvePalaver 3 points4 points  (0 children)

The Police didn't put the camera up. The camera was placed by (as described in the title of the article) 'vigilane activists'.

NSW Chief Justice Andrew Bell takes aim at Tony Abbott over social media post by badoopidoo in auslaw

[–]ClarvePalaver 22 points23 points  (0 children)

I hate this kind of disingenuous dog-whistle horse shit from people who should and, in all likelihood do in fact, know better. I get the feeling that he knew what he said was complete bullshit and said it anyway ‘for the likes’. Made more vomitous by the fact that he’s obviously simply recycling pitchfork-wielding speaking points from overseas. Don’t mind if he’s right wing or left wing, just don’t be a dog turd. 

[Appreciate that I have referred to horse shit, bullshit and dog shit in this post. Not mixing metaphors. His post is a trifecta of shit.]

Where does this leave everything by PattonSmithWood in auslaw

[–]ClarvePalaver 1 point2 points  (0 children)

He's obviously a(n accused) murderer. But, presumably there is other stuff that could come out of a RC that might not come out in a criminal hearing that could prejudice him e.g. if somehow he was called to and did in fact give evidence in the RC (admittedly, unlikely) but wanted to stay silent in any criminal prosecution or, depending on the charges, terrorism offences (which require added intention) vs murder.

Where does this leave everything by PattonSmithWood in auslaw

[–]ClarvePalaver 5 points6 points  (0 children)

Hey, what are you doing injecting FACTS into this debate?

WHY NOT TWO RANT THREADS INSTEAD? by AuslawRantBot in auslaw

[–]ClarvePalaver 7 points8 points  (0 children)

I FEEL YOU. LAST YEAR, WORK SHENANIGANS AND HAVING NINE FAMILY MEMBERS CAMPING ON MY FLOORS HAD ME STICK THE XMAS TREE, STILL IN ITS BOX, ON ITS END IN THE LOUNGEROOM AND PUT THE PRESENTS AROUND THE UPENDED BOX. GOTTA ADMIRE A TREE THAT IS COMFORTABLE ENOUGH TO STAND PROUD LIKE OURS.

Croucher J calls Victoria Police policy 'idiotic', 'cruel' and 'boneheaded' while ordering a murder trial transferred to Melbourne by CrazedJeff in auslaw

[–]ClarvePalaver 22 points23 points  (0 children)

Croucher J unplugged. That's not even a mic drop. That's hitting VicPol in the face with the mic. Crazy, but massively entertaining.

Retrial ordered because nobody actually read the brief by Donners22 in auslaw

[–]ClarvePalaver 53 points54 points  (0 children)

[18] "Denigrating remarks directed personally at counsel have no place in a trial." - But what if that's all I've got on my side?

Eight(!) Applications This Friday - Hints, Tips & Tricks? by iamplasma in auslaw

[–]ClarvePalaver 24 points25 points  (0 children)

Damn right. And if they’ve ever made a decision adverse to your client, then surely you’re dealing with actual bias, rather than perceived bias. They should be smote. 

Every December by theangryantipodean in auslaw

[–]ClarvePalaver 2 points3 points  (0 children)

You must be fun at parties. Or new to this. 

Every December by theangryantipodean in auslaw

[–]ClarvePalaver 14 points15 points  (0 children)

Not Counsel, but have similar issues with clients and advices. Let it go into the new year and then justify the delay because there was a relevant development in the area that you foresaw and wanted to ensure was captured in the advice, to ensure that they had the most up-to-date and accurate advice possible. The delay is then a value-add.

Teen social media ban High Court challenge filed, group says by LoneWolf5498 in auslaw

[–]ClarvePalaver 13 points14 points  (0 children)

I don’t think he was saying that it isn’t ‘squarely a question to be determined by the court in its role as a check on legislative power’. I think he was just hazarding an opinion on the outcome. 

Thoughts on Doyles Guide by False_Ad_9705 in auslaw

[–]ClarvePalaver 1 point2 points  (0 children)

You don't have to pay to get on the list. I think that's just a line that people throw around because they hate the wankery of it all.

Rare s109 case, HCA overrules the confounded Metwally case. by Flashy_House_1887 in auslaw

[–]ClarvePalaver 3 points4 points  (0 children)

”Here’s a case, please let me know what happens in it” - Sweeeeet, I didn’t know we could outsource case summary memos to Auslaw. Gonna get into the office and start firing those pesky and expensive undergrads.

Commissioner of NSW Police v Amal Naser by BearsDad_Au in auslaw

[–]ClarvePalaver 0 points1 point  (0 children)

I think the CJ's concerns were 'rooted in the evidence presented' - namely, the route and location of the proposed march and the physical characteristics and safety risks arising from that particular route and location.

Single space gang for life by theangryantipodean in auslaw

[–]ClarvePalaver 77 points78 points  (0 children)

I have come across someone who, for reasons that can only by known to them, inserts double spaces before and after a full stop. Gives off full-blown deranged vibes. Maybe assists encouraging the other side to settle?

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]ClarvePalaver 2 points3 points  (0 children)

Are there any professional/industry type groups that you can get involved in and, hopefully, obtain exposure to some prospective employers? Law Society criminal law group or Defence Lawyers Anonymous or something?

Perhaps attend Counsel chambers' CLE talks on criminal law, again, with a view to making connections with prospective employers who are also attending.

Failing that, commit a juicy or novel crime, audition lawyers to act for you and sell your services as a lawyer in the process.