Category Archives: LAW FIRM

Duty of Care, LAW FIRM, Negligence, Occupiers Liability, Personal Injury

Northern Sandblasting Pty Ltd v Harris [1997] HCA 39

ON 14 AUGUST 1997, the High Court of Australia delivered Northern Sandblasting Pty Ltd v Harris [1997] HCA 39; (1997) 188 CLR 313; (1997) 146 ALR 572; (1997) 71 ALJR 1428 (14 August 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/39.html

A landlord has a duty to its tenants to use reasonable care and skill to provide safe premises. The obligation is limited to repair of defects which the landlord was or should have been aware. The landlord must reasonably respond to any information it receives as to the existence of any defect.

The court held that the rule in the English decision of Cavalier v Pope Cavalier v Pope [1906] AC 428 (a landlord is immune from liability in tort for defective premises causing injury) should no longer be followed in Australian law as it is inconsistent with the principles concerning of duty of care developed since Donoghue v Stevenson.

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Criminal Law, Criminal Procedure, LAW FIRM, Sentencing

Postiglione v R [1997] HCA 26

ON 24 JULY 1997, the High Court of Australia delivered Postiglione v R [1997] HCA 26; (1997) 189 CLR 295; (1997) 145 ALR 408; (1997) 71 ALJR 875 (24 July 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/26.html

The decision is an exposition of the principle of due proportionality set out in the earlier decision of the court in Lowe v R [1984] HCA 46; (1984) 154 CLR 606 (2 August 1984).

Different sentences may be imposed upon like offenders to reflect different degrees of culpability or different circumstances of the offenders.

At 302, Dawson and Gaudron JJ said:

“Discrepancy or disparity is not simply a question of the imposition of different sentences for the same offence. Rather, it is a question of due proportion between those sentences, that being a matter to be determined having regard to the different circumstances of the co-offenders in question and their different degrees of criminality.”

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Constitutional law, Defamation, LAW FIRM

Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25

ON 8 JULY 1997, the High Court of Australia delivered Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (8 July 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/25.html

The court re-examined it’s earlier decisions of Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994) 182 CLR 211; (1994) 124 ALR 80 (1994) Aust Torts Reports 81-298 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/45.html and Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104; (1994) 124 ALR 1 (1994) Aust Torts Reports 81-297 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/46.html.

Implied from the text and structure of the Constitution is a freedom of communication between the public concerning government or political matters. The freedom  restricts legislative and executive powers but does not confer individual rights and freedoms. Accordingly, there is no constitutional freedom of communication defence to a defamation action as had been previously held in Stephens and Theophanous. However, the common law provides a defence of qualified privilege to defamation actions involving government or political matters provided that the comment is reasonable and not malicious.

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LAW FIRM

Re Graeme John Harris; Ex Parte: Alphega Frenchs Forest Pty Ltd & Official Trustee in Bankruptcy [1997] FCA 628

Re Graeme John Harris; Ex Parte: Alphega Frenchs Forest Pty Ltd & Official Trustee in Bankruptcy [1997] FCA 628 (6 June 1997).

http://www.austlii.edu.au/au/cases/cth/FCA/1997/628.html

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Family Law, Human Rights, LAW FIRM

Bringing them Home: Stolen Children Report

ON 26 MAY 1997, the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families (the Bringing them Home or Stolen Children report) was tabled in the Australian Parliament.

https://www.humanrights.gov.au/publications/bringing-them-home-stolen-children-report-1997

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Sydney, Australia

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LAW FIRM, Royal Commission

1997 | Wood Royal Commission

ON THIS DAY in 1997, Commissioner Wood presented to the Premier the Final Report of his enquiry into the NSW Police Service.

Click to access RCPS%20Report%20Volume%201.pdf

Constitutional law, Criminal Law, Human Rights, LAW FIRM, Law reform, Legislation

Euthanasia Laws Act 1997

ON THIS DAY in 1997 the Commonwealth parliament passed the Euthanasia Laws Act 1997 which overturned the Northern Territory legislation that legalised voluntary euthanasia for the terminally ill.

http://www.austlii.edu.au/au/legis/cth/num_act/ela1997161/

Copyright © 2014
Peter O’Grady

 

LAW FIRM, Professional negligence

Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (Reg) and Hill v Van Erp [1997] HCA 8

ON 18 MARCH 1997, the High Court of Australia delivered Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (Reg) [1997] HCA 8; (1997) 188 CLR 241; (1997) 142 ALR 750; (1997) 71 ALJR 448 (18 March 1997) and Hill v Van Erp [1997] HCA 9; (1997) 188 CLR 159; (1997) 142 ALR 687; (1997) 71 ALJR 487 (18 March 1997).

Professional advisors will be liable for economic loss suffered by non-clients in cases where there has been a failure by the advisor to properly perform the duty (eg failing to ensure that audited accounts met accounting standards in Esanda; and failing to ensure that a will was validly signed in Van Erp).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/8.html

http://www.austlii.edu.au/au/cases/cth/HCA/1997/9.html

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Evidence, LAW FIRM, Privilege

Commissioner Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3

ON 7 FEBRUARY 1997, the High Court of Australia delivered Commissioner Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; (1997) 188 CLR 501; (1997) 141 ALR 545; (1997) 71 ALJR 327 (7 February 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/3.html

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Costs, LAW FIRM, Pleadings, Practice and Procedure

Queensland v J L Holdings Pty Ltd [1997] HCA 1

ON 14 JANUARY 1997, the High Court of Australia delivered Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146; (1997) 141 ALR 353; (1997) 71 ALJR 294 (14 January 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/1.html

Per Dawson, Gaudron and McHugh JJ (at 154):

“Case management is not an end in itself. It is an important and useful aid for ensuring the prompt and efficient disposal of litigation. But it ought always to be borne in mind, even in changing times, that the ultimate aim of the court is the attainment of justice and no principle of case management can be allowed to supplant that aim.”

The decision has since been used as an authority for the propositions that (1) doing justice between the parties is paramount to the court’s use of discretion when determining an application for leave to amend (2) case management principles should not limit a court’s discretion when considering such applications and (3) an application for leave to amend should be approached on the basis that a party is entitled to raise an arguable claim subject to payment of costs by way of compensation.  Since the High Court’s 2007 decision in Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 http://www.austlii.edu.au/au/cases/cth/HCA/2009/27.html, JL Holdings no longer is authority for propositions (2) and (3).

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Sydney, Australia

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