Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kowalski v Domestic Violence Crisis Service Inc (No 2) [2004] FCA 1186 STAN LECH KOWALSKI v DOMESTIC VIOLENCE CRISIS SERVICE INC A18 of 2003 MADGWICK J 22 JULY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A18 of 2003
BETWEEN: STAN LECH KOWALSKI
APPELLANT
AND: DOMESTIC VIOLENCE CRISIS SERVICE INC
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 22 JULY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appellant is to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A18 of 2003
BETWEEN: STAN LECH KOWALSKI
APPELLANT
AND: DOMESTIC VIOLENCE CRISIS SERVICE
RESPONDENT
JUDGE: MADGWICK J
DATE: 22 JULY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT HIS HONOUR: 1 In this matter an application has been made to have regard to a statement, dated 7 March 2003, made by Constable Perkins, one of the police officers intimately involved in this matter. 2 Thirteen years after the events in question, the police officer says that he can recall some pertinent details which, if that alleged recollection were accepted, would marginally but perhaps importantly help the appellant's case. The police officer was called to give evidence in this matter in 1997, before a Commissioner of the Human Rights and Equal Opportunity Commission by the appellant when the appellant was represented by counsel. Constable Perkins was first asked to recall the events in question, which occurred on 6 February 1990 and October 1991. He had made no contemporaneous notes of the event and it is clear that he was relying on his statement of 1 October 1991. The burden of that statement is, on a crucial issue, generally helpful to the appellant. 3 Before the Magistrates Court at first instance, an effort was made to tender a 2003 statement or report of the police officer. Counsel for the respondent said:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate