Judicial Review

The Judicial Review Act 1991 (Qld) enables a person to challenge the legality of administrative decisions such as decisions made by Government Departments and agencies and Magistrates/Judges.

A Judicial review is effectively an appeal whereby a person seeks to challenge the legality of a decision, as opposed to the merits of that decision. It is essentially a review of whether the decision was made properly rather than whether the outcome was correct.

The most common grounds relied upon in Judicial Reviews are:

  • That a breach of the rules of natural judges happened in relation to the making of the decision;
  • That the making of the decision involved an error of law;
  • That the making of the decision was an improper exercise of power; and
  • That there was no evidence or other material to justify the making of the decision.

Recently, Bosscher Lawyers made a rare application challenging administrative decisions of two Queensland Magistrates. The Judicial Review was argued on the basis that both Magistrates made errors of law in making their respective decisions.

The relevant decisions were firstly, to refuse to allow cross-examination of witnesses at committal hearing and secondly, to conduct a committal hearing and commit the matters to trial in the District Court without the defendants’ consent.

When hearing the application before the Supreme Court of Queensland, Her Honour Chief Justice Holmes accepted our argument and ultimately our application was successful. Her decisions were published and can be found at Atherton & Anor v Eaton & Ors [2019] QSC 66.

An application for Judicial Review can be made with respect to an array of decisions including:

  • Parole Bard decisions
  • Decisions made by a board constituted by legislation (Eg Harness Racing Board)
  • Decisions made by adjudicator pursuant to legislation (Eg Building and Constructions Industry Payments Act)
  • Queensland Building and Construction Commission decisions
  • Administrative decisions made by a court/tribunal

Should you be aggrieved by an administrative decision or wish to obtain advice in relation to Judicial Reviews, you should contact Bosscher Lawyers on (07) 3229 3166.

City people walking in a futuristic tunnel

Another Man Charged with the Murder of Samuel Thompson

Criminal Lawyers Brisbane at Bosscher Lawyers are acting for Anti-Islamic State fighter Ashley Dyball who has been remanded in custody charged with murder over the disappearance of Samuel Thompson, allegedly last seen on March 7.

Mr Dyball is the second man to be charged in relation to Mr Thompson’s disappearance.

Roberto Vincenzo Boscaino was charged with murder and interfering with a corpse on Thursday.

Mr Dyball’s lawyer Alex Jones said his client was “upset at the situation”.

Mr Jones said he had spoken with Mr Dyball’s family who had found news that their son had been charged “quite shocking”.

Alleged Murderer in Court

Oliver Bridgeman – Arrest Warrant

PRESS RELEASE

OLIVER BRIDGEMAN – ARREST WARRANT
Bosscher Lawyers Brisbane
3 March 2016

We are aware that the Australian Federal Police have confirmed a warrant has been issued for the arrest of Queensland teenager Oliver Bridgeman.

We are aware the warrant relates to foreign incursion legislation. We understand the allegation involves Mr Bridgeman’s intentions when he entered Syria 12 months ago.

Mr Bridgeman has spent his time in Syria handing out food and clothing to refugees on behalf of a charity organisation.

Despite presumably having all relevant evidence for 12 months, the AFP has chosen to only now issue a warrant – a matter of days after the filing of an appeal to have Mr Bridgeman’s passport returned, so he could come home.
The AFP has at all times asserted to us that they wished only for Mr Bridgeman to return to Australia.

Not only has the government cancelled his passport at a time when his return was imminent, they have now issued an arrest warrant as we attempted to appeal that decision.

It seems the government is doing everything possible to ensure Mr Bridgeman remains stranded in Syria.

Without government intervention, it is highly likely he would already be home. Mr Bridgeman had already indicated a willingness to cooperate with authorities.

In our opinion, this is a political stunt. This decision does absolutely nothing to assist him coming home. It does the opposite.

Contact
Alex Jones
Bosscher Lawyers
Office: (07) 3229 3166
Fax: (07 3229 3438
331 George Street
Brisbane QLD 4000
Email: [email protected]

oliver bridgeman

Government Cancels Oliver Bridgeman’s Passport

LAST week, Bosscher Lawyers, acting for Toowoomba teenager Oliver Bridgeman were advised the Australian Government had cancelled his passport.

Mr Bridgeman was reported missing by his parents in March 2015, after failing to return home from a trip to Bali.

The Australian Security Intelligence Organisation (ASIO) has acknowledged Mr Bridgeman went to Syria, where he has been undertaking aid work for a charity organisation called “Live Updates From Syria”. ASIO said videos uploaded by Mr Bridgeman showed him handing out food parcels to refugees.

Brisbane Criminal Lawyers at Bosscher Lawyers can confirm Mr Bridgeman had immediate plans to return home to Australia, and through his lawyers, had communicated to the Australian Federal Police his willingness to co-operate fully upon his return.

There is absolutely no evidence Mr Bridgeman had engaged – or ever intended to engage – in any unlawful acts while in Syria.

The Australian Government, in cancelling Mr Bridgeman’s passport, has provided no evidence whatsoever that he poses any threat to anyone. Yet, they claim if he continued to hold an Australian passport, he “would be likely to engage in conduct that might prejudice the security of Australia or a foreign country” and that its cancellation would “prevent him from engaging in the conduct”.

Alex Jones, for Bosscher Lawyers, said the decision was “nonsensical” and greatly distressing to the teenager’s parents.

In advising Mr Bridgeman of the cancellation of his passport, the Australian Government has said it would “consider” issuing him with a “limited validity travel document” to come home. He has been told to surrender his cancelled passport to the nearest diplomatic mission or consular post – the closest being in Turkey. Mr Bridgeman has no legal way to cross the border from Syria to Turkey. He has been advised that if he does so with his cancelled passport, he faces ten years in prison.

“The Australian Government has stranded a Queensland teenager in a foreign country,” Mr Jones said.

“This has happened at a time when Mr Bridgeman was organising to come home and had been communicating and fully co-operating with authorities.

“We do not understand the point of this. Mr Bridgeman has nothing to hide. His parents have co-operated with authorities during their son’s time in Syria and are devastated that he now has no means of returning home to them.

“Mr Bridgeman has been in Syria carrying out humanitarian work. He spends his time handing out food and clothing to some of the world’s least fortunate.”

Bosscher Lawyers will file an appeal against the decision to cancel Mr Bridgeman’s passport on Monday, 29 February 2016.

 

Contact

Alex Jones
Bosscher Lawyers
Office: (07) 3229 3166
Fax: (07 3229 3438
331 George Street
Brisbane QLD 4000

 

Email: [email protected]

 

brisbanecourt

Bosscher Lawyers Congratulates Rachel Kramer

It’s with great pleasure that the team at Bosscher Lawyers welcomes the admission of Rachel Kramer as a Solicitor of the Supreme Court of Queensland.

“Rachel is an integral part of our team, not only is she is a smart lawyer, but has a deep-seated commitment to protecting the rights of our clients,” Legal Practice Director, Alison Campbell said.

Rachel works out of the Bosscher Lawyers Maroochydore office.

rachel kramer

alex jones lawyer

Man Accused of Impersonating a Police Officer in Court

Brisbane Criminal Lawyers at Bosscher Lawyers are defending a man who allegedly impersonated a police officer then forced a prostitute to perform sex acts

The 34-year-old man is accused of forcing the escort to perform sex acts at a Burleigh Hotel on February 18 last year. He is charged with one count each of assuming the designation or description of a police officer and rape.

Police allege the man arranged to meet the prostitute then introduced himself as an undercover police officer investigating the sex industry.

Defence barrister John Jacob applied in the Southport Magistrates Court yesterday to cross-examine the victim about “inconsistencies” in her statements.

Mr Jacob said there was an absence of any direct threat or act of violence by his client and said he wanted to ask the complainant why she felt she couldn’t scream.

Magistrate Chris Callaghan ordered the victim to be cross-examined about how the man blocked the exit, why she was scared of violence and why she couldn’t scream.

The committal hearing will be held on May 23.

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lawyer alex jones

Trio Jailed over $20 million Heroin Bust

Three men who allegedly planned to earn easy cash by helping to smuggle millions of dollars worth of heroin into Australia in decorative wooden altars are facing lengthy jail terms.

Supreme Court Justice Ann Lyons said while there was no evidence the trio had planned to take more than “fleeting possession” of the drugs, a strong message of deterrence was needed.

“I accept that you would have all played this role for reward, knowing that you were facilitating the distribution of illegal drugs,” she told the men.

Criminal Lawyers Brisbane at Bosscher Lawyers’ Alex Jones represented two of the trio.

Lam Hoang Tran, 32, and Tam Minh Dang, 50 were sentenced to ten years’ jail and Duy Hoa Pham, 35, to 12 years’ jail.

Parole

Man Released on Parole After Pub Fight

Two men who admitted stomping on a felled victim’s head during a pub fight in Toowoomba have been jailed.

Toowoomba criminal lawyer, Nathan Bouchier for both defendants, said the incident was another example of an alcohol-fuelled altercation which, unfortunately, had escalated.

Magistrate Graham Lee sentenced one of the men to 12 months in jail but ordered he be released on parole immediately.

However, taking into account Hills criminal history, Mr Lee sentenced him to 15 months in jail and ordered he be released on parole from December 21 after serving about four months.

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Michael Bosscher Defends Accused Financial Planner

Michael Bosscher Defends Accused Financial Planner

A Brisbane financial planner accused of murdering a spiritual counsellor who was his client had lost focus in the weeks leading up to the alleged attack, a court has heard.

Murder accused Trung Ma faced a committal hearing in Brisbane on Wednesday charged with murdering 63-year-old Hugo Bonham on February 3, 2014, and interfering with his corpse.

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michaelbosscher

Sophie Collombet’s Alleged Murderer to Stand Trial

Criminal Defence Lawyer, Michael Bosscher said outside the Brisbane Magistrates Court that his client, Benjamin Milford who is accused of rape, murder, deprivation of liberty and robbery of Ms Collombet in March last year, was relieved that the committal process was behind them and they could move forward.

Mr Michael Bosscher said he was awaiting final instructions on whether Milward would plead not guilty, in a trial which is expected to start early next year.

“The family are very supportive of him, they understand it is a difficult process and they are standing by him.

“They certainly have nothing but the greatest sympathises as far as the victim’s family is concerned.”

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Tim Meehan Brisbane Criminal Lawyer

Standing True to Legal Principle

The right to a fair trial is a cornerstone of the Australian judicial system and was squarely the focus of leading Australian criminal law firm, Bosscher Lawyers in representing Brett Cowan in his application to have Chief Justice Tim Carmody disqualified from hearing his appeal, citing a possible perception of bias, emanating from a meeting between Chief Justice Carmody and child protection advocate Hetty Johnston in April, during the appeal process.

Consequently, yesterday the Chief Justice withdrew from the matter.

Chief Justice Carmody had been sitting together on the case with Justice McMurdo and Justice Hugh Fraser, and their written decisions on the appeal have yet to be delivered.

Brisbane Criminal Lawyers at Bosscher Lawyers’ Tim Meehan pointed out to a number of media outlets that his team only made the apprehended bias application after the bench raised the issue.

“Quite frankly this has got nothing to do with Hetty Johnston, it has nothing to do with Bravehearts,” Mr Meehan said.

He said the decision by Justice Carmody to withdraw from the case was very unexpected.

“Justice needs to be done according to law. It’s as simple as that.

“All we want for our client is for his matters to be dealt with in the correct way, and in the way that everyone else is entitled to have their matters dealt with.”

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Alleged Murderer in Court

Joan Ryther’s Alleged Murderer in Court

The teenager accused of murdering Queensland woman Joan Ryther in 2013 is due to face court for a committal hearing.

The 19-year-old, represented by Michael Bosscher of Bosscher Lawyers, is expected to face the Beenleigh Magistrates Court on Tuesday.

He is accused of raping and murdering 27-year-old Ms Ryther on the night of May 21, 2013 as she walked to her McDonald’s job in Logan Central, south of Brisbane.

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Toowoomba Home Invasion

Three Charged Over Violent Toowoomba Home Invasion

Criminal Lawyers Brisbane at Bosscher Lawyers’ solicitor Claire Graham applied for bail on behalf of three people charged with what police have called, “a violent home invasion.”

Gregory Phillip Lance, 31, of Arundel, Bailey James Allan Harris, 17, of Labrador, and Shaianne Bree Harris, 26, of Wilsonton Hts, were each charged with robbery in company with violence, assault occasioning bodily harm and entering a dwelling with intent, all arising from the incident.

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Alex Jones Defends Alleged Murderer

Alex Jones Defends Alleged Murderer

The man at the centre of a police investigation into the death of a 34 year old male in Spring Hill has sought legal representation by high-profile criminal law firm Brisbane, Bosscher Lawyers.

It is alleged that Aaron Stewart, 34, was stabbed to the chest and back after an argument with his former lover in their Spring Hill unit in Kennigo St on Saturday by IT professional, Thomas Lysgaard.

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Grandmother Accused

Grandmother Accused of Attempted Murder Released from Prison

The woman, 58, charged with four counts of attempted murder, attempted arson and interfering with a corpse at a Morayfield home, was due to be released late yesterday after an address was found.

Police allege she tried to kill two of her step-grandsons, aged 9 and 11, as they slept in their beds.

Police have also accused the woman of twice trying to suffocate the 11-year-old with a pillow and a tea towel over his face as he slept.

Lawyer Michael Bosscher last night confirmed his client would be released from jail.

“The matter was before the Caboolture Magistrates Court today, bail had already been granted, an address was ordered suitable and I expect she will be released tonight,” Mr Bosscher said.

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DNA Evidence

QLD authorities confirm miscode affects DNA evidence in criminal cases

In a colossal technical error, it has been found that DNA evidence has being bungled in dozens of Queensland crimes, including the murder of pregnant Logan woman Joan Ryther.

Queensland authorities confirmed the “minor miscode” had affected DNA likelihood ratios in 60 cases, prompting defence lawyers to raise doubts about other results.

“Clearly the code they have relied on historically has been faulty,” said high-profile lawyer Michael Bosscher, who is representing the accused in the Ryther case.

“We’re being asked to be assured that all of the faults have been rectified. It casts doubt across the board in relation to DNA probability statistics.”

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