Issue 79 - May 2017
Transcript Highlights



Below is a selection of transcript extracts and articles from some of the more colourful moments in court. 



Trial: Robinson v Lorna Jane Pty Ltd – Day 7

HIS HONOUR: Forgive me, Ms McCarthy. Ms McCarthy, forgive me. What does “active wear” mean?‑‑‑Active wear. That’s the Lorna Jane ‑ ‑ ‑

HIS HONOUR: I used to be a runner, you know. Years ago I was a runner?‑‑‑That’s the ‑ ‑ ‑

My knees are gone now.


WITNESS: That’s the Lorna Jane clothing. So that’s just a term we use. Like, you would have business attire; sleepwear, your pyjama ‑ ‑ ‑

HIS HONOUR: Yes?‑‑‑Active wear was Lorna Jane clothing.

Okay?‑‑‑Yeah. It’s just a term we used.

MS TRESTON: I’m a bit worried we’ve got to day 7 and your Honour doesn’t know what active wear is.

"What is up?"

Briggs v State of New South Wales [2017] HCATrans 109

EDELMAN J: If Mr Briggs had walked into the detective inspector’s office with a gaping bullet wound and blood dripping on the floor, it would undoubtedly be a breach of duty if the detective inspector did not say, “What is up?”

MR WALKER: Quite so ...

"I tender my friend"

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd; Maxcon Constructions Pty Ltd v Vadasz & Ors [2017] HCATrans 112

GAGELER J: ... Mr Walker, you have a pretty good point here by the presence of the other case.

MR WALKER: I am sorry, I am - - -

GAGELER J: Your point about the importance - - -

MR WALKER: Yes, yes.

GAGELER J: - - - of the matter is demonstrated by the existence of the other special leave application.

MR WALKER: Yes, I tender my friend, Mr Doyle, as an exhibit as it were. Yes, I did not tell him I would but - - -


Smith v The Queen; R v Afford [2017] HCATrans 40

MR ODGERS: Of course, your Honour. I am just attempting to respond to the proposition that because you know there is something in the suitcase, the element of intention is met. I just – you can see I am struggling with this. I am saying that cannot be enough.

KIEFEL CJ: We know you are struggling, Mr Odgers.

MR ODGERS: I will cease to struggle. I have attempted, manfully, to respond to that.

NETTLE J: That is gender normative, Mr Odgers.

MR ODGERS: Yes. Gender – I have struggled personally – whatever the word is – “person-fully”.

Eminem in the New Zealand Court

Eminem's 'Lose Yourself' was recently played in a Wellington court during a copyright case concerning music used in a National Party commercial.

Interestingly, the title of the music used in the commercial was entitled 'Eminem-esque'.

Click here to read an article about the case, with video footage from the proceedings.