- CPD Points: 1 [PS] [SL]
- Price: $77.00
- Area: Courts and Tribunals; Legal Skills & Technique; Litigation
- Delivered: November 2022
Digital Content
- Recording
- Paper (29 pages)
To purchase login below
Description
His Honour Samuel Doyle, Supreme Court of South Australia presents into the Litigation Conference 2022 on the topic of appeals, and discusses the following: an examination of appeals by way of rehearing, and how the nature of the decision under appeal affects the appellate court's task, and in particular the identification of error; care is needed in determining which decisions attract the principles of appellate restraint, and which do not; and, a line must be drawn between decisions which involve an evaluative judgment and those that involve a discretion.
His Honour summarises that: a careful examination of the decision under appeal is critical to a proper understanding of the task on appeal; the task will be affected by the extent to which the decision under appeal involves factual findings where the court below had some advantage, or where the decision is one involving a discretion; and the line between decisions that attract appellate restraint, and those that do not, is an important one, albeit a line that is often difficult to drawn.
- CPD Points: 1 [PS] [SL]
- Price: $77.00
- Area: Courts and Tribunals; Legal Skills & Technique; Litigation
- Delivered: November 2022
Digital Content
- Recording
- Paper (29 pages)
To purchase login below
Description
His Honour Samuel Doyle, Supreme Court of South Australia presents into the Litigation Conference 2022 on the topic of appeals, and discusses the following: an examination of appeals by way of rehearing, and how the nature of the decision under appeal affects the appellate court's task, and in particular the identification of error; care is needed in determining which decisions attract the principles of appellate restraint, and which do not; and, a line must be drawn between decisions which involve an evaluative judgment and those that involve a discretion.
His Honour summarises that: a careful examination of the decision under appeal is critical to a proper understanding of the task on appeal; the task will be affected by the extent to which the decision under appeal involves factual findings where the court below had some advantage, or where the decision is one involving a discretion; and the line between decisions that attract appellate restraint, and those that do not, is an important one, albeit a line that is often difficult to drawn.
The Honorable Justice Samuel Doyle, Judge, Supreme Court of South Australia
About the Presenter:
His Honour Justice Doyle practised as a commercial litigation solicitor from 1998-2001. He was a barrister with general practice from 2002-2015 and was a member of Jeffcott Chambers between 2002-2015 and took silk in 2012. He was Vice President of the SA Bar Association from 2014-2015. Justice Doyle was appointed to the Supreme Court of South Australia in 2015. He has spent the last five years hearing matters in both the civil and criminal jurisdictions of the Court, regularly sitting as member of the Full Court of the Supreme Court and the Court of Criminal Appeal. In 2020 Justice Doyle was appointed a Justice of the Court of Appeal.
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About the Presenter:
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About the Presenter:
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About the Presenter: