Ratkovic v Hadzic [2019] NSWSC 1627

COSTS – costs of and incidental to a notice of motion filed by the plaintiff – where settlement reached between the plaintiff and the defendant and the notice of motion was not dealt with on its merits – where term of the settlement was that the plaintiff was to bear the burden of any order for costs made in favour of the respondent in relation to the plaintiff’s notice of motion – held appropriate to make a gross sum costs order.

Madeleine Bridgett represented the defendant.

The reasons for the decision can be found here.

Estate MPS, deceased [2017] NSWSC 482

From the New South Wales Supreme Court:

SUCCESSION — Family provision — Close personal relationship — Elements — Living together, domestic support and personal care — Separate residences — Nature and quality of relationship — Social intimacy
 
SUCCESSION – Family provision — Close personal relationship — Elements — Provision of domestic support and personal care — Not for fee and reward
 
SUCCESSION — Family provision — Conduct disentitling — Character and conduct of applicant — Need to examine totality of relationship
 
SUCCESSION — Family provision — Capacity of applicant to manage affairs — Form of relief — Protective orders

PROTECTIVE JURISDICTION —Family provision application – Capacity for self-management — Conduct of proceedings without tutor — Form of relief – Protective orders

Kim Morrissey appeared with Madeleine Bridgett for the Plaintiff.

Bates & Arthur and Anor [2017] FamCAFC 73 (26 April 2017)

From the Family Court of Australia:

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – LEAVE TO INTERVENE – Application in an appeal by the father seeking leave to intervene in an appeal – Where the Court is satisfied that allowing the application would not cause any injustice to the applicant – Where in the circumstances, it is in the interests of justice that the application for leave to intervene be granted – Application to intervene granted.

Dr Christopher Ward SC appeared with Madeleine Bridgett for the First Respondent.

AWP17 v Department of Immigration and Border Protection

6 St James Hall's public law barrister Madeleine Bridgett, led by James Emmett, 12 Wentworth Selbourne Chambers, appeared pro bono for the Applicant refugee who is currently held in an offshore processing centre, instructed by the National Justice Project. The urgent interlocutory injunction was heard by the Federal Court of Australia's Nicholas J on 2 March 2017. The injunction, which was granted, sought to, inter alia, prevent the Commonwealth from withdrawing, or ceasing, to support and provide services to the Applicant.

http://www.sbs.com.au/news/article/2017/03/02/immigration-department-blocked-returning-sick-asylum-seeker-manus-island

http://www.skynews.com.au/news/national/2017/03/02/refugee-with-dwarfism-to-be-housed--court.html

Jimenez v R [2017] NSWCCA 1

From the New South Wales Court of Criminal Appeal:

CRIMINAL LAW -  Leave to appeal against conviction – referral to Court of Criminal Appeal – possession of child pornography – Federal and State jurisdiction – error as to relevant law – conviction quashed.

Sophie Callan appeared with Madeleine Bridgett for the Crown.

Reasons for the decision can be found here.

Department of Family & Community Services & Arthur [2017] FamCA 204 (24 January 2017)

From the Family Court of Australia:

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the substantive proceedings have been heard and orders made for the return of the child to New Zealand – Where the proceedings were adjourned in relation to the conditions of the child’s return – Where some conditions are agreed between the parties – Where there are financial and other difficulties in relation to a practicable and enforceable order for return – Orders made to give effect to the return order after conditions have been met including the provision of financial support by the father to the mother – Orders made to stay the return order until the mother’s appeal is finalised.

Madeleine Bridgett appeared for the respondent.

Department of Family and Community Services & Arthur [2016] FamCA 1119

From the Family Court of Australia:

FAMILY LAW – CHILD ABDUCTION – Hague convention application – Application by the Secretary of the Department of Family and Community Services for the return of a five year old child to New Zealand – Dispute over her country of habitual residence – Dispute over father having rights of custody – Dispute over father exercising rights of custody – Where the child was wrongfully removed from New Zealand by the mother – Where the father did not consent to the mother removing the child –– Where grave risk of physical or psychological harm or an intolerable situation is not established – Where it is not established that the return would be against the fundamental principles of Australia relating to the protection of human rights and fundamental freedoms – Application for return granted – Adjournment for any conditions of return.

Madeleine Bridgett appeared for the respondent.

R v Fang (No. 2) [2016] NSWSC 1784

CRIMINAL LAW – murder trial - whether adult Crown witness competent to give evidence - witness found unfit to be tried in separate criminal proceedings - ss.12 and 13 Evidence Act 1995 - applicable principles on competence inquiry - presumption of competence not displaced - witness competent to give sworn evidence

Crimes Act 1900 - Criminal Procedure Act 1986 - Evidence Act 1995 - Mental Health (Forensic Provisions) Act 1990

Madeleine Bridgett appeared as amicus curiae for the witness.

Reasons for the decision can be found here.

Riva NSW Pty Ltd v Key Nominees Pty Ltd [2016] NSWSC 1569

PROPERTY – earlier order that plaintiffs may only commence proceedings seeking relief concerning 2006 mortgagee sale with leave – whether leave should be granted – whether leave should be subject to terms that plaintiffs pay all outstanding costs orders and provide security for the costs of proposed proceedings.

Richard Parsons and Madeleine Bridgett appeared for the defendant.