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Editorial Notes
Published Case Name:
Berg, Re
Shortened Case Name:
Berg, Re
MNC:
[2014] QMHC 12
Court:
QMHC
Judge(s):
Dalton J
Date:
17 Oct 2014
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2014] QMHC 12
17 Oct 2014
Reference 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on earlier reference (appeal dismissed [2012] QCA 91) that Mr Berg fit for trial; Mr Berg’s legal aid subsequently withdrawn; determination that Mr Berg nevertheless fit for trial: Dalton J.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 281
07 Nov 2014
Application for stay of enforcement of Mental Health Court determination pending appeal refused: Muir JA.
QCA Interlocutory Judgment
[2015] QCA 59
17 Apr 2015
Further application for stay of enforcement of Mental Health Court determination dismissed: Holmes JA.
Appeal Determined (QCA)
[2015] QCA 196 [2016] 2 Qd R 248
16 Oct 2015
Appeal 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 64
13 Apr 2016
Application 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.
