Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment
  • Appeal Determined - Special Leave Refused (HCA)

Berg, Re[2014] QMHC 12

Please Note: A project is currently underway to digitise this judgment to enhance its onscreen presentation. For now, the original version of this judgment may be viewed onscreen and downloaded as a text-analysed and searchable PDF document. Click here for more information.
Word Highlighter:
Original Version Loading
(as on screen PDF)

Editorial Notes

  • Published Case Name:

    Berg, Re

  • Shortened Case Name:

    Berg, Re

  • MNC:

    [2014] QMHC 12

  • Court:


  • Judge(s):

    Dalton J

  • Date:

    17 Oct 2014

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2014] QMHC 1217 Oct 2014Reference of Mr Berg’s fitness for trial to Mental Health Court; determined on earlier reference (appeal dismissed [2012] QCA 91) that Mr Berg fit for trial; Mr Berg’s legal aid subsequently withdrawn; determination that Mr Berg nevertheless fit for trial: Dalton J.
QCA Interlocutory Judgment[2014] QCA 28107 Nov 2014Application for stay of enforcement of Mental Health Court determination pending appeal refused: Muir JA.
QCA Interlocutory Judgment[2015] QCA 5917 Apr 2015Further application for stay of enforcement of Mental Health Court determination dismissed: Holmes JA.
Appeal Determined (QCA)[2015] QCA 196 [2016] 2 Qd R 24816 Oct 2015Appeal dismissed; no error in primary judge's construction and application of definition of term "fit for trial"; her Honour did not err in relying on evidence in earlier reference; no apprehended bias arising out of her Honour having sat on [2012] QCA 91; no actual bias demonstrated: Fraser and Morrison JJA, Flanagan J.
Special Leave Refused (HCA)[2016] HCASL 6413 Apr 2016Application for special leave to appeal to the High Court refused; no reason to doubt the correctness of the decision of the Court of Appeal: Bell and Gageler JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.