Judgments & Findings

Coroners Court of the Australian Capital Territory, New South Wales, Western Australia and United Kingdom

Inquest into the Death of Katie Bender: The Coroner’s Finding in The Royal Canberra Hospital Implosion, 1999

Inquest into the Deaths arising from the Thredbo Landslide

Wayne Karl West & Anor v State of New South Wales & Anor [2007] ACTSC 43 (6 July 2007) - ACT/NSW Bushfires

Inquest into the Deaths Aboard HMAS Westralia

Death of Anthony Edward Short – Submissions to Coroner

Inquest into the Deaths of H.M. Diana, Princess of Wales and Mr Dodi Al Fayed – representing a witness

Coronial Inquiry into the Loss of Royal Air Force Hercules XVI79 in Iraq

Inquest into the Death of Steven Freeman in custody

 

Supreme Court of the Australian Capital Territory – Criminal Cases

R v SC [2011] ACTSC 34

R v Haughbro (1997) 135 ACTR 15 – Evidence – admissibility of evidence of undercover officer to whom illegal drugs supplied by accused

R v Griffin [2006] ACTSC 77 – Application for permanent stay of proceedings – loss by police of crucial evidence – Human Rights Act 2004 (ACT)

The Queen v AG [1997] ACTSC 41; (1997) 129 ACTR 1 – Meaning of ‘sexual intercourse’ – demurrer to indictment

R v Tore Bjorn Haughbad [1997] ACTSC 234; (1997) 135 ACTR 15 – Evidence – admissibility – s 138 Evidence Act 1995 (Cth) – Police entrapment – application for permanent stay – Human Rights Act 2004 (ACT)

The Queen v Stuart Lee [2001] ACTSC 133 – Baby shake – circumstantial evidence – admissibility of expert evidence – causation

The Queen v RB [1996] ACTSC 85 – Sentencing – Victim Impact Statements – Meaning of ‘victim’ ‘harm’

 

Supreme Court of the Australian Capital Territory – Civil Cases

Jonathan Anthony Crowley v Commonwealth of Australia, Australian Capital Territory and Glen Pitkethly [2011] ACTSC 89 – Personal injury – quadriplegia – liability of Australian Federal Police and Mental Health teams

Jaspreet Singh (by her next friend Paramajit Singh) v Calvary Hospital ACT Inc and Anor [No 2] [2009] ACTSC 57; (2009) 3 ACTLR 247 – Personal injury – cerebral palsy – medical negligence caused by obstetric management

Alcock v Casey [2007] ACTSC 87 (26 October 2007); (2009) 3 ACTLR 1 – Personal injury – limitation period

Day v Cengic [2004] ACTSC 33 – Application for summary judgement – principles

Samuel Shang Ren Bhnf Shuang Kui Ren v Biswanath Mukerjee and Another [1996] ACTSC 119 – Personal injury – cerebral palsy – medical negligence caused by obstetric management

 

Court of Appeal of the Australian Capital Territory

Casey v Alcock (2009) ACTCA 1 – Personal injury – limitation period

 

Federal Court of Australia

Paramasivam v Flynn [1998] FCA 1711 – Fiduciary duties owed by ward

Re Geraldo Magno and Ines Almeida v Gareth Evans, Minister of Foreign Affairs and Trade of the Commonwealth of Australia; Commissioner of the Australian Federal Police and Commonwealth of Australia [1992] FCA 165

Re Minister of Foreign Affairs and Trade; the Commissioner of the Australian Federal Police and the Commonwealth of Australia v Geraldo Magno and Ines Almeida [1992] FCA 566

David Harold Eastman v The Queen [1997] FCA 548 – Appeal against conviction

 

High Court of Australia

Paramasivam v Flynn [2000] HCA 165 – Fiduciary duty – sexual abuse – special leave


Recent Speeches

The Rule of Law and Inquests Bernard Collaery, Speech to the ACT Justice of the Peace Association, 17 March 2018

Creating a Just Society Through the Rule of Law Bernard Collaery, Keynote Speech to the Northern Territory Law Society, 1 February 2016

Checking Government’s Deed Against Its Word Through a Web of Secrecy Laws Bernard Collaery, Keynote Speech to the New South Wales Council of Civil Liberties, 26 August 2016 

National Security, Legal Professional Privilege, and the Bar Rules Bernard Collaery, Address at the Australian National University, 11 June 2015


Articles

Should Risk Management Become a Statutory Duty? Bernard Collaery, RISK Magazine, February 2010, pp 16-17

Opinion Piece: Pax Washington and the UN Charter – an Australian Perspective on the War with Iraq Bernard Collaery, Canberra Law Review, Vol 8, 2005, pp 167-201

Submission to the Senate Inquiry into Asylum and Protection Visas for Consular Officials Bernard Collaery, Senate Committee on Foreign Affairs, Defence and Trade, 26 July 2005

The Future Direction of Specialist Advice in the Public Sector Bernard Collaery, Journal of Continencies and Crisis Management, Vol 7 No 2, June 1999, pp 98-101