ON 24 DECEMBER 1981, the High Court of Australia delivered R v Toohey; Ex parte Northern Land Council [1981] HCA 74; (1981) 151 CLR 170 (24 December 1981).

Delegated legislation of the Governor in Council is invalid if made for an improper purpose, namely, a purpose which is not within the scope of the empowering legislation, even if it appears valid on its face. The Crown and its agents are not immune from challenge when acting not in good faith or for ulterior purpose.

Sydney, Australia

1300 00 2088

LAW FIRM, Native Title

Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40 | 23 December 1996

December 23, 2014 Legal Helpdesk Lawyers

ON THIS DAY in 1996, the High Court of Australia delivered Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40; (1996) 187 CLR 1; (1996) 141 ALR 129; (1996) 71 ALJR 173 (23 December 1996).

http://www.austlii.edu.au/au/cases/cth/HCA/1996/40.html

Rights and obligations under pastoral leases are conferred by statute and do not necessarily extinguish native title nor confer exclusive possession to the lessees.
It is possible that pastoral leases and native title might co-exist.
In the event of an inconsistency between the two, the rights under the pastoral lease prevail over the native title rights.

Sydney, Australia

1300 00 2088

Commercial Law, Contract, LAW FIRM

Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66 | 23 December 1938

December 23, 2014 Legal Helpdesk Lawyers

ON 23 DECEMBER 1938, the High Court of Australia delivered Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66; (1938) 61 CLR 286 (23 December 1938).

http://www.austlii.edu.au/au/cases/cth/HCA/1938/66.html

Only nominal damages should be awarded when a breach of contract causes no identifiable loss. The right to nominal damages follows as “a matter of course”.

A term of a contract will be regarded as a condition if it goes to the very substance of the contract.

Sydney, Australia

1300 00 2088

Contract, False imprisonment, LAW FIRM, Torts

Balmain New Ferry Co Ltd v Robertson [1906] HCA 83 | 18 December 1906

December 18, 2014 Legal Helpdesk Lawyers

ON 18 DECEMBER 1906, the High Court of Australia delivered Balmain New Ferry Co Ltd v Robertson [1906] HCA 83; (1906) 4 CLR 379 (18 December 1906).

http://www.austlii.edu.au/au/cases/cth/HCA/1906/83.html

A party who wishes to rely on a contractual term is required to show that it did all that was reasonable to bring term to the other party’s attention.

The plaintiff was not considered to have been falsely imprisoned by the ferry terminal’s turnstiles as he was considered to be free to leave the premises by water.

1300 00 2088

Administrative Law, LAW FIRM, Migration Law

Kioa v West [1985] HCA 81 | 18 December 1985

December 18, 2014 Legal Helpdesk Lawyers

ON 18 DECEMBER 1985, the High Court of Australia delivered Kioa v West [1985] HCA 81; (1985) 159 CLR 550 (18 December 1985).

http://www.austlii.edu.au/au/cases/cth/HCA/1985/81.html

The High Court recognized that an administrative decision maker has duty of acting fairly or according procedural fairness under the rules of natural justice.

A decision was made to deport Mr Kioa and his family back to Tonga on the grounds of him changing his address without notifying the department and engaging with Tongan illegal immigrants. Mr Kioa was given an opportunity to make submissions but was not informed of the adverse allegations.

The High Court held that a failure to disclose to Mr Kioa the adverse allegations and allow him the opportunity to respond was a failure to afford procedural fairness.

As a fundamental principle of natural justice, an opportunity must be given to deal with adverse information that is credible, relevant and significant to the decision to be made.

Sydney, Australia

1300 00 2088

Contract, Damages, Employment Law, LAW FIRM

Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 | 17 December 2010

December 17, 2014 Legal Helpdesk Lawyers

ON THIS DAY in 2010, the NSW Court of Appeal delivered Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 (17 December 2010).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/357.html

Sydney, Australia

1300 00 2088

LAW FIRM

OUR FIRST SYDNEY SHOP WILL OPEN IN MOSMAN ON 18 DECEMBER 2014

December 17, 2014 Legal Helpdesk Lawyers

Legal Helpdesk provides legal information and advice to local individuals and businesses on Sydney’s Lower North Shore and Northern Beaches.

We are unique in terms of service delivery, accessibility, affordability and mission.

We troubleshoot all matters and if required refer them to a network of reliable Solicitors and Barristers with suitable expertise.

A fully qualified solicitor is available for face to face consultations at this office in return for a fee. Our fees are as follows:

Basic consultation (<20 mins and/or referral only): $60.00
Standard consultation (20-40 mins): $120.00
Extended consultation (40-60 mins and/or complex enquiry): $180.00.

In selected matters we accept retainers beyond the initial consultation. In such cases we are required to enter into a costs agreement prescribed under the Legal Profession Act 2004 (NSW).

The shop will be open Monday to Saturday and some weekday evenings. Specific hours will be advertised in due course.

Our aim is to make it easier for people to find the right information, advice and results.

Confidentiality and privacy is protected by law.

1300 00 2088

SYDNEY, AUSTRALIA

LAW FIRM

Henderson v Queensland [2014] HCA 52

December 16, 2014 Legal Helpdesk Lawyers

ON 16 DECEMBER 2014, the High Court of Australia delivered Henderson v Queensland [2014] HCA 52 (10 December 2014).

http://www.austlii.edu.au/au/cases/cth/HCA/2014/52.html

The appellant had made an unsuccessful application to the Supreme Court of Queensland seeking an order that cash to the value of $598,325 be excluded from forfeiture under Criminal Proceeds Confiscation Act 2002 (Q). The cash was the proceeds of the sale of jewellery given the appellant by his now deceased father.

The High Court dismissed an appeal, holding that the appellant had failed to discharge an onus under the Act to satisfy Supreme Court that it was more probable than not that the jewellery was not illegally acquired by his father.

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/357.html

Sydney, Australia

1300 00 2088

Damages, LAW FIRM, Motor Accidents, Personal Injury

Todorovic v Waller [1981] HCA 72 | 16 December 1981

December 16, 2014 Legal Helpdesk Lawyers

ON 16 DECEMBER 1981, the High Court of Australia delivered Todorovic v Waller [1981] HCA 72; (1981) 150 CLR 402 (16 December 1981).

http://www.austlii.edu.au/au/cases/cth/HCA/1981/72.html

The High Court ruled that a discount rate be applied to the assessment of lump sum damages for personal injuries so that the present value of future economic loss be discounted by 3% to allow for inflation, tax and changes in wages.

Subsequent legislation has increased the rate to 5% in most Australian jurisdictions.

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