evidence

Ben Roberts-Smith – Where to From Here? Will There Be a Criminal Prosecution Following Defamation Proceedings?

Ben Roberts-Smith – Where to From Here? Will There Be a Criminal Prosecution Following Defamation Proceedings? The finding that former SAS soldier Ben Roberts-Smith committed war crimes according to the civil burden of proof naturally raises questions as to whether...

Criminal Defences Book

Defence of Impossibility

Defence of Impossibility If your response to a criminal allegation against you is ‘but that’s impossible!’, you may be able to raise the defence of impossibility to either have your charge(s) withdrawn or be found not guilty. Fact finders in...

factual dispute law

Factual Dispute

Factual Dispute If you are charged with an offence, the police need to prove each element of that charge for you to be found guilty. A defence of ‘factual dispute’ arises where you dispute the facts that police are saying...

Gavel and Books

The VLRC review of contested committals

The VLRC review of contested committals The criminal justice system is in the midst of another major review. The focus is on the contested committal system, an important part of any criminal trial. The Victorian government has tasked the Victorian...

Greg Melick

Appearing before anti-corruption bodies

Appearing before anti-corruption bodies The Independent Broad-based Anti-corruption Commission (IBAC) is the body established to investigate and expose corruption and misconduct within the Victorian public sector. Powered by the Independent Broad-based Anti-corruption Act 2011, IBAC’s jurisdiction extends to State and...

Paul Higham

ADLA Conference 2015 speaker – Paul Higham, Victorian Bar – Commissions, enquiries and derivative use

ADLA Conference 2015 speaker – Paul Higham, Victorian Bar – Commissions, enquiries and derivative use His areas of expertise include criminal defence, corporate corruption and compliance, inquests and enquiries, professional tribunals and human rights.  He has practiced exclusively in the...