The management and staff at Fittock recognise that they are privileged to have been given the opportunity to work in the practice of law.  They recognise as well that this entails an obligation to legally assist others in the community who do not have the resources to represent themselves.  Whilst we can not assist everyone our policy is to have at least one Pro Bono matter running at any given time.

 

Fittock also participates in a free legal advice service. We advise a several hundred people per month involving many hours of free time on a variety of legal matters without them incurring legal fees.

 

 

 

Cosmos Tipiloura was convicted of murder in Darwin in 1992.  He was convicted by a majority verdict.  There were a number of alternative fundings that were open to the jury including manslaughter and causing death by dangerous act.  The Tipiloura matter came to the attention of Fittock in 2003.  Tipiloura was taken on as a Pro Bono client and an application for leave to appeal to the High Court against his murder conviction was initiated,

 

The basis of the leave application was that section 80 of the Constitution which mandates Trial by jury for Commonwealth trials on indictment also requires a unanimous verdict.  The argument that was sought to be argued on behalf of Tipiloura was that a law of a Territory is a law of the Commonwealth and his conviction by majority verdict was therefore unconstitutional.  The Court conceded that the point was worthy of argument but declined to grant leave to appeal because of the delay between the original conviction and the leave application.

 

"In other circumstances, it would probably be appropriate to refer an application such as this into the Full Court to hear the Special Leave application, so that the decision in Bernasconi might be reconsidered and the effects of the decisions in Capital Duplicators and Svikart v Stewart might also be considered" per McHugh J Tipiloura v The Queen (20004) HCA Trans 260 (6 August 2004).

 

It is expected that Tipiloura will be released in 2012 after serving twenty years.